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People of N.Y. v. Hay

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 2007
37 A.D.3d 494 (N.Y. App. Div. 2007)

Opinion

No. 2005-00685.

February 6, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered December 3, 2004, convicting him of criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.

STEPHEN G. CRANE, J.P., REINALDO E. RIVERA, GLORIA GOLDSTEIN, EDWARD D. CARNI, JJ.

Before: Crane, J.P., Rivera, Goldstein and Carni, JJ.


Ordered that the judgment is affirmed.

"The factual findings and credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record" ( People v Parker, 306 AD2d 543, 543). There is nothing in the record to support the defendant's contention that the testimony of the police officer at the suppression hearing was incredible or patently tailored to nullify constitutional objections ( see People v Parker, supra; People v Evans, 298 AD2d 401). Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence.


Summaries of

People of N.Y. v. Hay

Appellate Division of the Supreme Court of New York, Second Department
Feb 6, 2007
37 A.D.3d 494 (N.Y. App. Div. 2007)
Case details for

People of N.Y. v. Hay

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RASHAN HAY, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 6, 2007

Citations

37 A.D.3d 494 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 1146
828 N.Y.S.2d 897

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