Legal Opinion

People v. Sioba

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

Decided November 10, 1992PublishedCited by 10 opinions

1Opinion of the Court

Judgment, Supreme Court, New York County (Murray Mogel, J., at hearing; Edwin Torres, J., at trial and sentence), rendered June 3, 1991, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a predicate felon, to a term of 3 to 6 years, unanimously affirmed.

The factual findings of a suppression court are entitled to great deference (People v Prochilo, 41 NY2d 759, 761). The testimony of the officer that he saw the gun from a distance of one car length when defendant lifted his shirt was not " 'manifestly untrue, physically…

2Cases cited2 opinions

  1. People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
  2. People v. MartinezNew York Court of Appeals · 1988

3Cited by10 opinions

  1. People v. WhiteAppellate Division of the Supreme Court of the State of New York · 2017
  2. People v. CarmonaAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. BrooksAppellate Division of the Supreme Court of the State of New York · 1996
  4. People v. DavisAppellate Division of the Supreme Court of the State of New York · 1997
  5. People v. ManigaultAppellate Division of the Supreme Court of the State of New York · 1998

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