People v Rivera
2012 NY Slip Op 07593 [100 AD3d 472]
November 13, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent,
v
Jorge Rivera, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 9, 2010, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 2½ years, unanimously affirmed.

The court properly denied defendant's suppression motion. As we concluded on a codefendant's appeal raising the same issue (People v Colon 96 AD3d 540 [1st Dept 2012]), there is no basis for disturbing the court's credibility determinations. Concur—Tom, J.P., Andrias, Renwick, DeGrasse and Richter, JJ.