People v Sanders
2006 NY Slip Op 03635 [29 AD3d 354]
May 9, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 19, 2006


The People of the State of New York, Respondent,
v
Robert Sanders, Appellant.

[*1]Judgment, Supreme Court, New York County (Bonnie Wittner, J.), rendered March 10, 2005, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth 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—Andrias, J.P., Sullivan, Williams, Sweeny and McGuire, JJ.