Appellate Division of the Supreme Court of New York, 1998

People v. Shuff

People v. Shuff
Appellate Division of the Supreme Court of New York · Decided October 15, 1998
254 A.D.2d 106; 679 N.Y.S.2d 286; 1998 N.Y. App. Div. LEXIS 10824
People v. Shuff

Opinion of the Court

Judgment, Supreme Court, New York County (Allen Alpert, J., at hearing; Renee White, J., at plea and sentence), rendered February 14, 1995, convicting defendant of attempted criminal possession of a controlled substance in the third degree and attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 3 to 6 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the hearing court’s credibility determinations, which are supported by the record (People v Prochilo, 41 NY2d 759, 761). Concur — Sullivan, J. P., Wallach, Williams and Saxe, JJ.

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