People v. Garcia, 110 A.D.3d 468 (N.Y. App. Div. 2013). · Go Syfert
People v. Garcia, 110 A.D.3d 468 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 2 distinct cases, 2015–2018 · …so egregious as to constitute frivolous conduct within the meaning of 22 nycrr 130-1.1 ⚠ not in text
7 citation events (7 in the last 25 years) across 3 distinct courts.
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Luis Garcia
Appellate Division of the Supreme Court of the State of New York.
Oct 8, 2013.
110 A.D.3d 468
Published

Judgment, Supreme Court, New York County (A. Kirke Bartley, Jr., J.), rendered April 10, 2012, as amended April 18, 2012, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of one year, unanimously affirmed.

The court properly denied defendant’s suppression motion. The court had the unique opportunity to see and hear the witnesses (see People v Prochilo, 41 NY2d 759, 761 [1977]), and there is no basis for disturbing its credibility determinations, including its evaluation of inconsistencies in testimony and an officer’s inability to recall minor details. Concur — Gonzalez, P.J., Mazzarelli, Andrias and DeGrasse, JJ.