Opinion
May 28, 1992
Appeal from the Supreme Court, Bronx County (Lawrence H. Bernstein, J.).
Nothing in the record is "`inherently incredible or improbable'" (People v. Benitez, 162 A.D.2d 100, 101), which would warrant disturbing the suppression court's determination based on testimony presented by the People. Moreover, the propriety of the denial of a motion to suppress must be based exclusively on evidence before the suppression court, notwithstanding that some testimony presented at trial may conflict with that presented at the suppression hearing (People v. Rivera, 171 A.D.2d 560, 561, lv denied 78 N.Y.2d 973; People v Malone, 121 A.D.2d 657, lv denied 69 N.Y.2d 713).
Concur — Sullivan, J.P., Milonas, Kupferman, Ross and Smith, JJ.