People v Patterson
2014 NY Slip Op 01109 [114 AD3d 515]
February 18, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


The People of the State of New York, Respondent,
v
Roger Patterson, Appellant.

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

Cyrus R. Vance, Jr., District Attorney, New York (Natalia B. Bedoya of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles H. Solomon, J., at suppression hearing; Juan M. Merchan, J., at plea and sentencing), rendered January 4, 2011, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of seven years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]).

We perceive no basis for reducing the sentence. Concur—Sweeny, J.P., Renwick, Moskowitz, Richter and Gische, JJ.