New York Supreme and/or Appellate Courts Appellate Division, First Department
May 29, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v Smith
Decided on May 29, 2012
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, Renwick, Freedman, Abdus-Salaam, JJ.
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered July 9, 2009, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of 1½ years, unanimously affirmed.
The court properly denied defendant's suppression motion. The court credited the testimony of two police officers that defendant, upon becoming startled by their presence, spontaneously and voluntarily dropped a plastic bag containing crack cocaine, and there is no basis to disturb the court's credibility determinations (see generally People v Prochilo, 41 NY2d 759, 761 ). There is nothing in the record to support the conclusion that the officers' testimony was tailored to meet constitutional objection (see People v Harris, 186 AD2d 390 , lv denied 80 NY2d 1027 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MAY 29, 2012
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