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People v. Suriel

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


February 18, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
DOMINGO SURIEL, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered April 30, 2009, convicting defendant, after a jury trial, of two counts of criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 2 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.

Friedman, J.P., Sweeny, Nardelli, Freedman, JJ.

2337/08

The court properly denied defendant's suppression motion. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court (see People v Prochilo, 41 NY2d 759, 761 [1977]). Defendant was arrested on the basis of the officers' observation of drugs in open view. We do not find implausible the police account of defendant's hasty and unsuccessful attempt to hide a bag of drugs during a vehicular stop.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). We similarly find no basis to disturb the jury's credibility determinations.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20100218

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