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People v. Nunez

270 A.D.2d 54 Court N.Y. App. Div. Decision date 2000-03-09 English

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p. 54
The People of the State of New York, Respondent, v Serafino Nunez, Appellant.
[704 NYS2d 814]

—Judgment, Supreme Court, New York County (Ira Beal, J., at hearing; Micki Scherer, J., at plea and sentence), rendered August 27, 1997, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 4 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759 , 761).

We perceive no abuse of sentencing discretion. Concur — Sullivan, P. J., Ellerin, Lerner and Buckley, JJ.