People v Brown
2014 NY Slip Op 00194 [113 AD3d 455]
January 14, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Rasheem Brown, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for respondent.

Judgment, Supreme Court, New York County (Rena K. Uviller, J., at suppression hearing; Daniel P. FitzGerald, J., at nonjury trial and sentencing), rendered January 7, 2011, convicting defendant of criminal facilitation in the fourth degree, and sentencing him to a term of 30 days, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its evaluation of the purported inconsistencies in testimony that defendant asserts on appeal (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Sweeny, J.P., Renwick, Andrias, Freedman and Feinman, JJ.