
    (July 13, 2017)
    The People of the State of New York, Respondent, v Ted Costa, Appellant.
    [55 NYS3d 651]—
   Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered April 16, 2014, as amended, June 11, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years, and judgment, same court and Justice, rendered February 4, 2015, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the second degree, and sentencing him to a concurrent term of eight years, unanimously affirmed.

The court properly denied defendant’s suppression motion regarding the third-degree possession charge. 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]; see also People v Lewis, 136 AD3d 468 [1st Dept 2016], lv denied 27 NY3d 1001 [2016]). Defendant’s challenge to the officer’s credibility cites matters that were not introduced at the suppression hearing and thus are not properly before us (see People v Dukes, 284 AD2d 236 [1st Dept 2001], lv denied 97 NY2d 681 [2001]).

The court properly denied defendant’s motion challenging the search warrant regarding the second-degree possession charge. Based on our in camera review of the unredacted search warrant affidavit, we conclude that the supporting affidavit clearly established probable cause under the Aguilar-Spinelli test (see Spinelli v United States, 393 US 410 [1969]; Aguilar v Texas, 378 US 108 [1964]).

We perceive no basis for reducing the sentences.

Concur— Sweeny, J.P, Mazzarelli, Webber, Kahn and Kern, JJ.  