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PEOPLE v. WASHINGTON

Appellate Division of the Supreme Court of New York, Fourth Department.
Apr 25, 2008
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It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: 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 ยง 220.06). 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 AD3d 1084, lv denied 7 NY3d 848), and the court was entitled to credit that testimony ( see generally People v Prochilo, 41 NY2d 759, 761; People v McConnell, 233 AD2d 867, lv denied 89 NY2d 987).