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People v Allen (Paul)
2008 NY Slip Op 51994(U) [21 Misc 3d 129(A)]
Decided on October 7, 2008
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on October 7, 2008
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Davis, J.P., Schoenfeld, Heitler, JJ
570495/05.

The People of the State of New York, Respondent,

against

Paul Allen, Defendant-Appellant.


Defendant appeals from a judgment of the Criminal


Division of Supreme Court, Bronx County (Ralph Fabrizio, J.), rendered June 28, 2005, after a nonjury trial, convicting him of attempted unlicensed general vending and unlawful possession of marihuana, and imposing sentence.
PER CURIAM.

Judgment of conviction (Ralph Fabrizio, J.), rendered June 28, 2005, 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 observations of the street transaction, together with defendant's on-the-scene statement, provided probable cause for defendant's arrest and subsequent search.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Again, no basis is shown for disturbing the court's determinations concerning credibility.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 07, 2008