People v Bodden

People v Bodden 2006 NY Slip Op 08655 [34 AD3d 344] November 21, 2006 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 17, 2007

The People of the State of New York, Respondent,
v
Timothy Bodden, Appellant.

—[*1]Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 9, 2003, 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 offender, to a term of 5 to 10 years, unanimously affirmed.

The 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]).

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Andrias, Saxe, Gonzalez and Sweeny, JJ.