People v. Garcia

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J., at hearing; Renee A. White, J., at plea and sentencing), rendered May 22, 2012, convicting defendant of criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of 2V2 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations.

The police recovered drugs from defendant pursuant to a search incident to an arrest…