Matter of Abraham M.
2005 NY Slip Op 02952 [17 AD3d 198]
April 14, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 22, 2005


In the Matter of Abraham M., a Person Alleged to be a Juvenile Delinquent, Appellant.

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Order of disposition, Family Court, Bronx County (Harold J. Lynch, J.), entered on or about April 6, 2004, which adjudicated appellant a juvenile delinquent, upon a fact-finding determination that he committed an act which, if committed by an adult, would constitute the crime of criminal possession of a controlled substance in the third degree, and placed him with the Office of Children and Family Services for a period of 18 months, unanimously affirmed, without costs.

The court properly denied appellant'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]). We find nothing implausible about the officer's testimony that appellant exposed a quantity of drugs in his hand while in the process of making a sale. Concur—Mazzarelli, J.P., Andrias, Friedman, Sweeny and Catterson, JJ.