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People v. Garcia

Supreme Court of New York, First Department

October 8, 2013

The People of the State of New York, Respondent,
v.
Luis Garcia, Defendant-Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael Pastor of counsel), for respondent.

Gonzalez, P.J., Mazzarelli, Andrias, DeGrasse, JJ.

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 10, 2012, as amended April 18, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of one year, unanimously affirmed.

The court properly denied defendant's suppression motion. The court had the unique opportunity to see and hear the witnesses (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), and there is no basis for disturbing its credibility determinations, including its evaluation of inconsistencies in testimony and an officer's inability to recall minor details.


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