People v. Colon

• Decision Date: 14 June 2012
• Citation: People v. Colon, 2012 NY Slip Op 4832, 96 A.D.3d 540, 946 N.Y.S.2d 468 (N.Y. App. Div. 2012)
• Parties: The PEOPLE of the State of New York, Respondent, v. Eddie COLON, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

96 A.D.3d 540

946 N.Y.S.2d 468

2012 N.Y. Slip Op. 04832

The PEOPLE of the State of New York, Respondent,

v.Eddie COLON, Defendant–Appellant.

Supreme Court, Appellate Division, First Department, New York.

June 14, 2012.

Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee 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 3 1/2 years, unanimously affirmed.

The court properly denied defendant's motion to suppress physical evidence. There is no basis for disturbing the court's credibility determinations, including its resolution of any inconsistencies in testimony. At the hearing, the court had the opportunity to observe the physical evidence and determine whether the officer...