Legal Opinion

People v. Shackleford

Appellate Division of the Supreme Court of the State of New York

Decided December 2, 2008PublishedCited by 15 opinions

1Opinion of the Court

The resolution of issues of credibility made by a hearing court are entitled to great deference on appeal, and will not be disturbed unless they are “clearly unsupported by the record” (People v Collier, 35 AD3d 628, 629 [2006]; see People v Diggs, 38 AD3d 565 [2007]; People v Ortiz, 31 AD3d 580 [2006]). Contrary to the defendant’s contention, the record in this case amply supports the hearing court’s determination to credit police testimony, as well as the court’s factual findings that the vehicle in which the defendant was riding as a passenger was lawfully stopped for a traffic infraction…

2Cases cited18 opinions

  1. People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
  2. People v. RobinsonNew York Court of Appeals · 1989
  3. People v. EllisNew York Court of Appeals · 1984
  4. People v. RothNew York Court of Appeals · 1985
  5. In re Marrhonda G.New York Court of Appeals · 1993

13 more not listed; retrieve them via the Exa API.

3Cited by15 opinions

  1. People v. SpannAppellate Division of the Supreme Court of the State of New York · 2011
  2. People v. BlinkerAppellate Division of the Supreme Court of the State of New York · 2011
  3. People v. GreenAppellate Division of the Supreme Court of the State of New York · 2011
  4. People v. SmithAppellate Division of the Supreme Court of the State of New York · 2010
  5. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2017

10 more not listed; retrieve them via the Exa API.

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