Majority
— Judgments, Supreme Court, Bronx County (Lawrence H. Bernstein, J.), rendered February 26, 1990, convicting the defendant, after a jury trial, of criminal possession of a controlled substance in the second degree, and convicting him, upon his plea of guilty, of bribery in the first degree, and sentencing him, as a second felony offender, to concurrent terms of imprisonment of 6 years to life and 4 Vi to 9 years, respectively, unanimously affirmed.
Nothing in the record is " 'inherently incredible or improbable’ ” (People v Benitez, 162 AD2d 100 , 101), which would warrant disturbing the suppression court’s determination based on testimony presented by the People. Moreover, the propriety of the denial of a motion to suppress must be based exclusively on evidence before the suppression court, notwithstanding that some testimony presented at trial may
Cases cited
- People v. Rivera 171 AD2d 560 at 561 p. 683