Legal Opinion

People v. McCovey

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

Decided March 26, 2001PublishedCited by 4 opinions

1Opinion of the Court

—Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated June 22, 2000, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

The factual findings and credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see, People v Prochilo, 41 NY2d 759, 761; People v Jakins, 277 AD2d 328; People v Rose, 204 AD2d 745). The hearing minutes support the granting of that branch…

2Cases cited4 opinions

  1. People v. HowardNew York Court of Appeals · 1980
  2. People v. BoodleNew York Court of Appeals · 1979
  3. People v. RoseAppellate Division of the Supreme Court of the State of New York · 1994
  4. People v. JakinsAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by4 opinions

  1. People v. LatimerAppellate Division of the Supreme Court of the State of New York · 2010
  2. People v. LeachAppellate Division of the Supreme Court of the State of New York · 2011
  3. Khoury v. KhouryAppellate Division of the Supreme Court of the State of New York · 2002
  4. People v. MarionAppellate Division of the Supreme Court of the State of New York · 2001

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