People v Armstrong
2006 NY Slip Op 03028 [28 AD3d 382]
April 25, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 21, 2006


The People of the State of New York, Respondent,
v
Raymond Armstrong, Appellant.

[*1]Judgment, Supreme Court, New York County (Gregory Carro, J., at suppression hearing; Michael A. Corriero, J., at plea and sentence), rendered January 17, 2003, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3½ to 7 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—Nardelli, J.P., Williams, Catterson, McGuire and Malone, JJ.