People v. Rodriguez

Judgments, Supreme Court, New York County (Carol Berk-man, J., at suppression hearing; Edward J. McLaughlin, J., at jury trial and sentence), rendered December 13, 2006, convicting defendants of criminal possession of a controlled substance in the first degree, and sentencing them to terms of 10 years, unanimously affirmed.

The hearing court properly denied defendants’ suppression motions. The court, which saw and heard the witnesses, credited testimony that an officer smelled and observed marijuana during a lawful traffic stop. There is no basis for disturbing the court’s credibility…