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People v. Higgins

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1992
179 A.D.2d 778 (N.Y. App. Div. 1992)

Opinion

January 21, 1992

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


Ordered that the judgment is affirmed.

We reject the defendant's contention that the hearing court erred in denying that branch of his motion which sought suppression of a .22 caliber gun the defendant was charged with possessing because the arresting officer's testimony allegedly was incredible as a matter of law. The hearing court credited the testimony of the arresting officer that at one point he observed the handle of the gun protruding "half way out" of the defendant's jacket pocket and that at another point he observed the gun protruding "all the way out" of the defendant's jacket pocket. Contrary to the defendant's assertion, this testimony was not incredible as a matter of law in that it was not "obviously untrue, physically impossible, contrary to experience or self-contradictory" (58 N.Y. Jur 2d, Evidence and Witnesses, § 976, at 732; see also, People v. Garafolo, 44 A.D.2d 86). Thompson, J.P., Sullivan, Eiber and Copertino, JJ., concur.


Summaries of

People v. Higgins

Appellate Division of the Supreme Court of New York, Second Department
Jan 21, 1992
179 A.D.2d 778 (N.Y. App. Div. 1992)
Case details for

People v. Higgins

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VALENTINO HIGGINS…

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

Date published: Jan 21, 1992

Citations

179 A.D.2d 778 (N.Y. App. Div. 1992)
578 N.Y.S.2d 656

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