PEOPLE v. WASHINGTON (2008)

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[5] ).   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 A.D.3d 1084, 817 N.Y.S.2d 483, lv. denied 7 N.Y.3d 848, 823 N.Y.S.2d 778, 857 N.E.2d 73), and the court was entitled to credit that testimony (see generally People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380;  People v. McConnell, 233 A.D.2d 867, 649 N.Y.S.2d 606, lv. denied 89 N.Y.2d 987, 656 N.Y.S.2d 746, 678 N.E.2d 1362).

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

MEMORANDUM: