| People v Hernandez |
| 2016 NY Slip Op 00426 [135 AD3d 596] |
| January 21, 2016 |
| 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 David Hernandez, Appellant. |
The Legal Aid Society, New York (Amy Donner and Seymour W. James, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jeffrey A. Wojcik of counsel), for respondent.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered
February 16, 2012, convicting defendant, upon his plea of guilty, of criminal possession
of a controlled substance in the fourth degree, and sentencing him, as a second felony
drug offender, to a term of 1
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, in which it accepted an officer's testimony that he saw defendant with contraband in plain view (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Sweeny, J.P., Renwick, Manzanet-Daniels and Gische, JJ.