People v. Martorell (49 A.D.3d 426, 2008)

The court properly denied defendant’s suppression motion. There is no basis for disturbing the hearing court’s credibility determinations, which are supported by the record (People v Prochilo, 41 NY2d 759, 761 [1977]). The police witness’s account of the incident was plausible, and it does not cast doubt on his credibility. Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.