NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
April 7, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOSE VEGA, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered September 28, 2004, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Friedman, McGuire, Moskowitz, JJ.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its acceptance of the officer's testimony as to the transaction he observed, and its rejection of defendant's testimony (see People v Prochilo, 41 NY2d 759, 761 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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