| 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. |
| The People of the State of New York, Respondent, v Jorge Rivera, Appellant. |
—[*1]
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.