People v. Darby

OPINION OF THE COURT

Saxe, J.

The suppression of the controlled substances seized from defendant was based upon the hearing court’s conclusion that a portion of the police officers’ testimony was contradicted by expert testimony, and its consequent rejection of that aspect of the officers’ testimony. We conclude that the expert’s testimony did not contradict the officers’ observations, and that therefore rejection of their testimony was unnecessary and unwarranted.

The arresting officers testified at the suppression hearing that when they were several feet from defendant, they detected the very…