People v. Sioba
Appellate Division of the Supreme Court of the State of New York
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
- People v. GarafoloAppellate Division of the Supreme Court of the State of New York · 1974
- People v. MartinezNew York Court of Appeals · 1988
3Cited by10 opinions
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- People v. DavisAppellate Division of the Supreme Court of the State of New York · 1997
- People v. ManigaultAppellate Division of the Supreme Court of the State of New York · 1998
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