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People v. Dove

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 587 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

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


Ordered that the judgment is affirmed.

The forcible stop and frisk of the defendant was based upon reasonable suspicion, and the arresting officers' testimony at the combined Mapp and Huntley hearing was not incredible as a matter of law. Issues of credibility are primarily for the hearing court and its findings are to be accorded great weight unless they are clearly erroneous. We perceive no basis to overturn the hearing court's determination (see, People v Overton, 123 A.D.2d 403, lv denied 68 N.Y.2d 1003; People v Springer, 118 A.D.2d 606, lv denied 67 N.Y.2d 1057; People v Armstead, 98 A.D.2d 726). Thompson, J.P., Bracken, Rubin and Eiber, JJ., concur.


Summaries of

People v. Dove

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 587 (N.Y. App. Div. 1987)
Case details for

People v. Dove

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD DOVE, Appellant

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

Date published: May 11, 1987

Citations

130 A.D.2d 587 (N.Y. App. Div. 1987)

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