Defendant's suppression motion was properly denied in all respects. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. The record establishes that no fraud or deception was employed when the officer asked defendant's mother if she would consent to a search. Moreover, the consent form she signed after the search was concluded confirmed the voluntariness of her consent. Defendant's mother reasonably appeared to have authority to consent to the search of defendant's room in the family's apartment, and there was no indication that defendant had exclusive access to the drawer from which the gun was recovered (see,People v. Gonzalez, 88 N.Y.2d 289; People v. Fayton, 276 A.D.2d 339 [October 19, 2000], 2000 N Y App. Div. LEXIS 10649).
We find the sentence excessive to the extent indicated.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.