PEOPLE v. CORIANO

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Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Isaac CORIANO, Defendant-Appellant.

Decided: February 28, 2006

TOM, J.P., MAZZARELLI, SULLIVAN, SWEENY, MALONE, JJ. Edward Hamlin, New York, for appellant. Robert M. Morgenthau, District Attorney, New York (Andrew Zakrocki of counsel), for respondent.

Judgment, Supreme Court, New York County (Herbert I. Altman, J. at hearing;  John Cataldo, J. at plea and sentence), rendered February 7, 2003, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, unanimously affirmed.

The court properly denied defendant's motion to suppress identification evidence.   There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 [1977] ).   The court properly resolved a conflict between two officers' recollections as to the circumstances of a photographic identification, and the record also supports the court's findings as to the subsequent identifications.