Opinion
No. KA 07-01054.
April 25, 2008.
Appeal from a judgment of the Supreme Court, Erie County (Penny M. Wolfgang, J.), rendered April 25, 2007. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a controlled substance in the fifth degree.
THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (ROBERT B. HALLBORG, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
FRANK J. CLARK, DISTRICT ATTORNEY, BUFFALO (STEVEN MEYER OF COUNSEL), FOR RESPONDENT.
Present: Hurlbutt, J.P., Martoche, Peradotto, Pine and Gorski, JJ.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06). Contrary to the contention of defendant, Supreme Court properly refused to suppress the cocaine found in his vehicle by a police officer. The officer testified at the suppression hearing that the drugs seized were in plain view on the floor of defendant's vehicle ( see People v Harrington, 30 AD3d 1084, lv denied 7 NY3d 848), and the court was entitled to credit that testimony ( see generally People v Prochilo, 41 NY2d 759, 761; People v McConnell, 233 AD2d 867, lv denied 89 NY2d 987).