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People v. Diaz

2 A.D.3d 317 Court N.Y. App. Div. Decision date 2003-12-23 English

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p. 317
The People of the State of New York, Respondent, v William Diaz, Appellant.
[768 NYS2d 602]

—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.