People v. Martinez

Appeal by the People from an order of the Supreme Court, Queens County (Grosso, J.), dated May 2, 2006, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

*796Ordered that the order is affirmed.

In its suppression ruling, the court found the officer’s testimony regarding the circumstances of the traffic stop to be incredible. Specifically, the court found the officer’s demeanor “evasive,” and explained that the officer “equivocated” during part of his testimony. “The resolution of issues of credibility made by a hearing court are…