The People of the State of New York, Respondent, v. Roger Patterson, Defendant–Appellant.

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

The People of the State of New York, Respondent, v. Roger Patterson, Defendant–Appellant.

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Decided: February 18, 2014

Sweeny, J.P., Renwick, Moskowitz, Richter, Gische, JJ. Steven Banks, The Legal Aid Society, New York (William B. Carney of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Natalia B. Bedoya of counsel), for respondent.

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Judgment, Supreme Court, New York County (Charles H. Solomon, J. at suppression hearing;  Juan M. Merchan, J. at plea and sentencing), rendered January 4, 2011, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of seven years, unanimously affirmed.

The court properly denied defendant's suppression motion.   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 [1977] ).

We perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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CLERK