People v. Garcia

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered February 14, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 572 to 11 years, unanimously affirmed.

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]). The hearing evidence established that defendant’s statement was spontaneous and not the…