Appellate Division of the Supreme Court of New York, 2003

People v. Diaz

People v. Diaz
Appellate Division of the Supreme Court of New York · Decided December 23, 2003
2 A.D.3d 317; 768 N.Y.S.2d 602
People v. Diaz

Opinion of the Court

—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 22, 2000, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 4½ to 9 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]). Concur—Tom, J.P., Andrias, Saxe and Williams, JJ.

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