Legal Opinion

People v. Martin

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

Decided December 5, 2013Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about September 21, 2012, which granted defendant’s motion to suppress physical evidence and statements, unanimously affirmed.

There is no basis for disturbing the credibility determinations *454upon which the court granted suppression. “[T]he determination of the hearing court, which actually saw and heard the witnesses testify, is entitled to deference, and it is not our practice to substitute our own fact-findings for those under review unless the latter are plainly unjustified or clearly erroneous” (People v Greene,…

2Cases cited1 opinion

  1. People v. GreeneAppellate Division of the Supreme Court of the State of New York · 2011

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