People v. Restivo (69 A.D.3d 478, 2010)

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 NY2d 759, 761 [1977]). We do not find the officer’s account of the events to be implausible, and the evidence establishes that he had a sufficient opportunity to observe the apparent drug transaction. Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.