People v Kauffin
2006 NY Slip Op 01265 [26 AD3d 262]
February 21, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 19, 2006


The People of the State of New York, Respondent,
v
Pasha Kauffin, Appellant.

[*1]Amended judgment, Supreme Court, New York County (Michael J. Obus, J., at suppression hearing; Arlene R. Silverman, J., at jury trial and sentence), rendered November 15, 2004, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 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]). Concur—Tom, J.P., Mazzarelli, Andrias, Nardelli and Malone, JJ.