By Gonzalez, P.J., Andrias, Catterson, Acosta, Abdus-Salaam, JJ.

1019. The People of the State of New York, res, v. Billy Chatelain, def-ap — Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Cahill Gordon & Reindel LLP, New York (Whitney M. Smith of counsel), for ap — Robert M. Morgenthau, District Attorney, New York (Ellen Stanfield Friedman of counsel), for res — —Judgment, Supreme Court, New York County (Richard D. Carruthers, J. at suppression hearing; John Cataldo, J. at jury trial and sentence), rendered January 4, 2007, convicting defendant of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 4½ to 9 years, unanimously affirmed.

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