People v. Sanchez

— Judgments, Supreme Court, Bronx County (Lawrence H. Bernstein, J.), rendered February 26, 1990, convicting the defendant, after a jury trial, of criminal possession of a controlled substance in the second degree, and convicting him, upon his plea of guilty, of bribery in the first degree, and sentencing him, as a second felony offender, to concurrent terms of imprisonment of 6 years to life and 4 Vi to 9 years, respectively, unanimously affirmed. Nothing in the record is " 'inherently incredible or improbable’ ” (People v Benitez, 162 AD2d 100, 101), which would warrant disturbing the suppression court’s determination based on testimony presented by the People. Moreover, the propriety of the denial of a motion to suppress must be based exclusively on evidence before the suppression court, notwithstanding that some testimony presented at trial may 683 conflict with that presented at the suppression hearing (People v Rivera, 171 AD2d 560, 561, lv denied 78 NY2d 973; People v Malone, 121 AD2d 657, lv denied 69 NY2d 713). Concur— Sullivan, J. P., Milonas, Kupferman, Ross and Smith, JJ.