People v Suriel
2010 NY Slip Op 01431 [70 AD3d 523]
February 18, 2010
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 31, 2010


The People of the State of New York, Respondent,
v
Domingo Suriel, Appellant.

[*1] Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (David P. Stromes of counsel), for respondent.

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 30, 2009, convicting defendant, after a jury trial, of two counts of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of two years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant was arrested on the basis of the officers' observation of drugs in open view. We do not find implausible the police account of defendant's hasty and unsuccessful attempt to hide a bag of drugs during a vehicular stop.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). We similarly find no basis to disturb the jury's credibility determinations. Concur—Friedman, J.P., Sweeny, Nardelli and Freedman, JJ.