People v. Wilson
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: The People met their burden of proving that defendant was a predicate felon. Defendant presented testimony at the hearing that his prior conviction was unconstitutionally obtained because the prosecutor failed to disclose a promise to a witness in exchange for the witness’s testimony. The People, on the other hand, presented the testimony of the Assistant District Attorney that no such promise was made. The hearing court chose to credit the testimony of the People’s witness. Issues of credibility are to be determined by the hearing court, which sees…
2Cases cited3 opinions
- People v. LopezNew York Court of Appeals · 1988
- People v. JacksonAppellate Division of the Supreme Court of the State of New York · 1993
- People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1992