Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Floyd Luke, Appellant

254 A.D.2d 147679 N.Y.S.2d 292·New York Supreme Court, Appellate Division·1998·NY

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Opinion

The People of the State of New York, Respondent, v Floyd Luke, Appellant. [679 NYS2d 292] [MAJORITY] Judgment, Supreme Court, New York County (William Wetzel, J., at suppression hearing; Franklin Weissberg, J., at plea and sentence), rendered March 26, 1996, convicting defendant of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of IV2 to 3 years, unanimously affirmed. Defendant’s suppression motion was properly denied. We see no reason to disturb the court’s credibility determinations, which are supported by the record (see, People v Prochilo, 41 NY2d 759, 761). Concur — Nardelli, J. P., Wallach, Tom and Andrias, JJ.