Appellate Division of the Supreme Court of New York, 2002

People v. Sanchez

People v. Sanchez
Appellate Division of the Supreme Court of New York · Decided April 9, 2002
293 A.D.2d 297; 739 N.Y.S.2d 816; 2002 N.Y. App. Div. LEXIS 3566
People v. Sanchez

Opinion of the Court

Judgment, Supreme Court, New York County (Martin Rettinger, J., at hearing, Charles Tejada, J., at jury trial and sentence), rendered August 2, 1999, convicting defendant of criminal sale of a controlled substance in or near school grounds, criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. There is no basis upon which to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761). The record establishes that the *298arresting officer’s testimony as to the detailed and specific description transmitted to him was based on his independent or refreshed recollection (see, People v Rose, 202 AD2d 189, lv denied 83 NY2d 876). Concur—Williams, P.J., Saxe, Buckley, Ellerin and Rubin, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.