PEOPLE v. GARCIA

10719, 167/11.

110 A.D.3d 468 (2013)

971 N.Y.S.2d 876

2013 NY Slip Op 6510

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS GARCIA, Appellant.

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

Decided October 8, 2013.


Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 10, 2012, as amended April 18, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of one year, unanimously affirmed.

The court properly denied defendant's suppression motion. The court had the unique opportunity to see and hear the witnesses (see People v Prochilo,

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