People v Bond

People v Bond 2008 NY Slip Op 02190 [49 AD3d 339] March 13, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, May 14, 2008

The People of the State of New York, Respondent,
v
Derrick Bond, Appellant.

—[*1] Center for Appellate Litigation, New York City (Robert S. Dean of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Allen J. Vickey of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered May 22, 2007, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of four years, unanimously affirmed.

The hearing court had an opportunity to observe the demeanor of both the prosecution witnesses and defendant. 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—Lippman, P.J., Andrias, Williams and McGuire, JJ.