People v. Garcia

• Decision Date: 17 February 2015
• Citation: 125 A.D.3d 488,999 N.Y.S.2d 893,2015 N.Y. Slip Op. 01387
• Parties: The PEOPLE of the State of New York, Respondent, v. Valentin GARCIA, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

? 125 A.D.3d 488

999 N.Y.S.2d 893

2015 N.Y. Slip Op. 01387

The PEOPLE of the State of New York, Respondent,

v.Valentin GARCIA, Defendant–Appellant.

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

Feb. 17, 2015

Steven Banks, The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered May 3, 2012, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the third degree and sentencing him, as a second felony drug offender, to an aggregate term of two to four years, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations. The officer's account of the incident was not inherently unbelievable, and defendant's own testimony at the suppression hearing tended to corroborate the officer's testimony in material respects.

GONZALEZ, P.J., ACOSTA, SAXE, MANZANET–DANIELS, CLARK, JJ., concur.