New York Supreme and/or Appellate Courts Appellate Division, First Department
June 14, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
EDDIE COLON, DEFENDANT-APPELLANT.
People v Colon
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.
Decided on June 14, 2012
Andrias, J.P., Friedman, Sweeny, Manzanet-Daniels, Roman, JJ.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 9, 2010, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 3½ years, unanimously affirmed.
The court properly denied defendant's motion to suppress physical evidence. There is no basis for disturbing the court's credibility determinations, including its resolution of any inconsistencies in testimony. At the hearing, the court had the opportunity to observe the physical evidence and determine whether the officer was able to observe contraband in plain view.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: JUNE 14, 2012
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