Legal Opinion

People v. Bennett

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

Decided December 23, 2008PublishedCited by 17 opinions

1Opinion of the Court

The 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 [1977]; People v Jakins, 277 AD2d 328 [2000]; People v Gordon, 242 AD2d 640 [1997]; People v Rose, 204 AD2d 745, 746 [1994]). Here, the record supports the hearing court’s conclusion that the People established that the search leading to the recovery of the defendant’s drugs was lawful, that the police had probable cause to arrest the defendant, and that the defendant’s written statement to law…

2Cases cited8 opinions

  1. People v. ContesNew York Court of Appeals · 1983
  2. People v. RomeroNew York Court of Appeals · 2006
  3. People v. OatesAppellate Division of the Supreme Court of the State of New York · 1984
  4. People v. EllerbeAppellate Division of the Supreme Court of the State of New York · 1999
  5. People v. RoseAppellate Division of the Supreme Court of the State of New York · 1994

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

3Cited by17 opinions

  1. In re Robert D.Appellate Division of the Supreme Court of the State of New York · 2010
  2. People v. DunbarAppellate Division of the Supreme Court of the State of New York · 2013
  3. People v. WallaceAppellate Division of the Supreme Court of the State of New York · 2015
  4. People v. GrangerAppellate Division of the Supreme Court of the State of New York · 2014
  5. People v. O'HareAppellate Division of the Supreme Court of the State of New York · 2010

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

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