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2 A.D.3d 317

People v. Diaz

Appellate Division of the Supreme Court of the State of New York · decided 2003-12-23

Decided 2003-12-23

¶1—Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 22, 2000, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fourth degree, and sentencing him to a term of 4½ to 9 years, unanimously affirmed.

¶2The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). Concur—Tom, J.P., Andrias, Saxe and Williams, JJ.

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