PEOPLE v. JOHN WADE

Finally, in light of the fact that defendant signed a consent-to-search form, we decline to disturb the court's determination that defendant voluntarily consented to the search of his apartment. The testimony of defendant that the police tricked him into signing the consent form presented a credibility issue for the suppression court, which had the "particular advantage of having seen and heard the witnesses" ( People v Williams, 202 AD2d 976, lv denied 83 NY2d 916). Furthermore, the counts of the indictment involving drugs found in the apartment were dismissed when defendant pleaded guilty to the count involving drugs found on his person.

All concur, Wesley, J., not participating. (Appeal from Judgment of Onondaga County Court, Brunetti, J. — Criminal Possession Controlled Substance, 3rd Degree.)