People v Rivera

People v Rivera 2012 NY Slip Op 07593 Decided on November 13, 2012 Appellate Division, First Department 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 November 13, 2012
Tom, J.P., Andrias, Renwick, DeGrasse, Richter, JJ.
8545 4465/09

[*1]The People of the State of New York, Respondent,

v

Jorge Rivera, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Allen Fallek
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J.
Vickey of counsel), for respondent.

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 2½ years, unanimously affirmed.

The court properly denied defendant's suppression motion. As we concluded on a codefendant's appeal raising the same issue (People v Colon 96 AD3d 540 [1st Dept 2012]), there is no basis for disturbing the court's credibility determinations.

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

ENTERED: NOVEMBER 13, 2012

CLERK