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People v. Dewitt

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 698 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Supreme Court, Kings County (Delury, J.).


Ordered that the judgment is affirmed.

After a hearing the Supreme Court determined that the defendant was present at the Sandoval hearing.

"It is well settled that, `[t]he determination of a hearing court, which has the advantage of hearing and seeing the witnesses, should be upheld unless it is clearly unsupported by the evidence in the record'" ( People v. Evans, 232 A.D.2d 424, quoting People v. Parchment, 218 A.D.2d 752, 753). Contrary to the defendant's contentions, the record of the reconstruction hearing supported the Supreme Court's findings ( see generally, People v. Evans, supra).

The defendant's remaining contention is without merit.

Bracken, J.P., Rosenblatt, Copertino and Luciano, JJ., concur.


Summaries of

People v. Dewitt

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 698 (N.Y. App. Div. 1998)
Case details for

People v. Dewitt

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGINALD DEWITT…

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

Date published: May 11, 1998

Citations

250 A.D.2d 698 (N.Y. App. Div. 1998)
672 N.Y.S.2d 762