Page 479
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 do not find the officer’s account of the events to be implausible, and the evidence establishes that he had a sufficient opportunity to observe the apparent drug transaction. Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.
People v. Restivo
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2010-01-19
Citations: 69 A.D.3d 478, 891 N.Y.2d 647
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