People v Vega
2009 NY Slip Op 02656 [61 AD3d 427]
April 7, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 10, 2009


The People of the State of New York, Respondent,
v
Jose Vega, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Amy Donner of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Peter Rienzi of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered September 28, 2004, 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 4 to 8 years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its acceptance of the officer's testimony as to the transaction he observed, and its rejection of defendant's testimony (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Andrias, J.P., Friedman, McGuire and Moskowitz, JJ.