Majority
p. 297The People of the State of New York, Respondent, v Edwardo Sanchez, Appellant. [739 NYS2d 816]
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
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arresting 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.