PEOPLE v. GONZALEZ

The police officer's testimony that defendant struggled with him during the arrest, and that during the struggle the door to defendant's room, which was ajar, swung open, placing the contested physical evidence in plain view, is not incredible, and we decline to disturb the suppression court's determination of credibility ( see, People v Garafolo, 44 AD2d 86, 88). We perceive no abuse of sentencing discretion.