People v. Barrett
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment, Supreme Court, New York County (James A. Yates, J.), rendered September 16, 2003, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 years, affirmed. The matter is remitted to Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).
The court properly denied defendant’s suppression motion. Although the hearing court discredited some of the police testimony, it was entitled to accept other portions of such testimony that it found to be true (see People v…
2Cases cited5 opinions
- Pennsylvania v. MimmsSupreme Court of the United States · 1977
- People v. AlvinoNew York Court of Appeals · 1987
- People v. . BeckerNew York Court of Appeals · 1915
- People v. PacificoAppellate Division of the Supreme Court of the State of New York · 1983
- People v. HinesAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by4 opinions
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- People v. CreerAppellate Terms of the Supreme Court of New York · 2010
- People v. MendezAppellate Division of the Supreme Court of the State of New York · 2007