People v Baker (2003 NY Slip Op 19796)

People v Baker

2003 NY Slip Op 19796 [1 AD3d 1063]

December 23, 2003

Appellate Division, First Department

As corrected through

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, February 25, 2004

The People of the State of New York, Respondent,
v
Samuel Baker, Appellant.

—

Judgment, Supreme Court, New York County (John Bradley, J., at hearing; Daniel FitzGerald, J., at plea and sentence), rendered December 19, 2002, convicting defendant of attempted criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The officer's testimony concerning defendant's abandonment of drugs was not inherently implausible. Concur—Buckley, P.J., Sullivan, Ellerin, Williams and Gonzalez, JJ.