People v. Osa

—Judgment, Supreme Court, New York County (Renee A. White, J.), rendered December 16, 1992, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the fifth degree, and sentencing him, as a predicate felon, to a prison term of IV2 to 3 years, unanimously affirmed. The case is remitted to the Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).

The hearing court properly denied defendant’s motion to suppress the drugs recovered from his person and the statements he made to the police. Credibility determinations…