Page 427
The court properly denied defendant’s suppression motion. There is no basis for disturbing the hearing court’s credibility determinations, which are supported by the record (People v Prochilo, 41 NY2d 759, 761 [1977]). The police witness’s account of the incident was plausible, and it does not cast doubt on his credibility. Concur—Tom, J.P., Friedman, Nardelli, Catterson and Moskowitz, JJ.
People v. Martorell
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 2008-03-20
Citations: 49 A.D.3d 426, 853 N.Y.2d 345
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