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The People of the State of New York, Respondent, v. Donovan Pitt, Appellant

New York Supreme Court, Appellate Division1998-11-17
255 A.D.2d 198679 N.Y.S.2d 817

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Opinion

majority opinion

—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered December 4, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a determinate term of 4 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 (People v Prochilo, 41 NY2d 759, 761), and will not be disturbed by this Court. Concur— Nardelli, J. P., Rubin, Tom and Andrias, JJ.