People v. Bailey
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
On appeal, the defendant contends that the police officer’s testimony at the Mapp hearing was totally incredible and therefore, the hearing court erred in relying upon this testimony to deny that branch of the defendant’s omnibus motion which was to suppress physical evidence. It is well settled that " '[ijssues of credibility are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous’ ” (People v Matias, 137 AD2d 625, 626, quoting People v Armstead, 98 AD2d 726). We perceive no reason to overturn the determination of the hearing court.
The…
2Cases cited6 opinions
- People v. ChippNew York Court of Appeals · 1990
- People v. KazepisAppellate Division of the Supreme Court of the State of New York · 1984
- People v. ArmsteadAppellate Division of the Supreme Court of the State of New York · 1983
- People v. WitherspoonNew York Court of Appeals · 1985
- People v. HucksAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by12 opinions
- People v. FowlerAppellate Division of the Supreme Court of the State of New York · 2009
- People v. RosadoAppellate Division of the Supreme Court of the State of New York · 1995
- People v. WhaulAppellate Division of the Supreme Court of the State of New York · 2009
- People v. HardyAppellate Division of the Supreme Court of the State of New York · 1996
- In re Sheldon G.Appellate Division of the Supreme Court of the State of New York · 1996
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