Legal Opinion
People v. Cooper
Appellate Terms of the Supreme Court of New York
Decided February 10, 2005Published
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
Order dated September 26, 2002 modified, on the law, by denying that branch of defendant’s motion which sought suppression of physical evidence consisting of four bags of marihuana; as modified, order affirmed.
Defendant’s suppression motion should have been denied in its entirety, as recommended by Judicial Hearing Officer Millard L. Midonick (J.H.O.) who presided at the Mapp hearing. There is no basis for disturbing the J.H.O.’s credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The unrefuted police testimony…
3Cases cited10 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- In re of an Investigation into the Death of Jon L.New York Court of Appeals · 1982
- People v. BracamonteCalifornia Supreme Court · 1975
- People v. MoreNew York Court of Appeals · 2002
- State v. DupreeSupreme Court of South Carolina · 1995
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