People v Garcia
2013 NY Slip Op 06510 [110 AD3d 468]
October 8, 2013
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 27, 2013


The People of the State of New York, Respondent,
v
Luis Garcia, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Emily L. Auletta of counsel), for respondent.

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 10, 2012, as amended April 18, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of one year, unanimously affirmed.

The court properly denied defendant's suppression motion. The court had the unique opportunity to see and hear the witnesses (see People v Prochilo, 41 NY2d 759, 761 [1977]), and there is no basis for disturbing its credibility determinations, including its evaluation of inconsistencies in testimony and an officer's inability to recall minor details. Concur—Gonzalez, P.J., Mazzarelli, Andrias and DeGrasse, JJ.