Majority
—Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered on or about January 18, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and unlawful wearing of a body vest, and sentencing him, as a second felony offender, to concurrent terms of 2V2 to 5 years and 2 to 4 years, respectively, unanimously affirmed.
Defendant’s suppression motion was properly denied. The hearing court’s determinations crediting the officer’s testimony is entitled to great weight on appeal (People v Prochilo, 41 NY2d 759 , 761), and we find no reason to disturb these determinations, which are supported by the record. Given these credibility determinations, we conclude that each escalating
Defendant was properly adjudicated a second felony offender. We find no constitutional infirmity in his prior plea allocution (see, People v Harris, 61 NY2d 9 ). We perceive no abuse of sentencing discretion.
We have considered defendant’s remaining contentions and find them to be without merit. Concur—Wallach, J. P., Nardelli, Tom, Mazzarelli and Colabella, JJ.
Cases cited
- People v. De Bour 40 NY2d 210 p. 179
- People v. Harris 61 NY2d 9 p. 179