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People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 1990
168 A.D.2d 370 (N.Y. App. Div. 1990)

Opinion

December 20, 1990

Appeal from the Supreme Court, New York County, Bernard Fried, J., Herbert J. Adlerberg, J.


Defendant, who was seated near the front of a movie theatre, was arrested by police officers after a theatre employee identified defendant as one of the persons who had been smoking marihuana. At the time the identification was made, defendant was about to light a long, thin cigarette which one of the officers described as a "joint".

We agree with the suppression court that the motion to suppress additional quantities of marihuana, two handguns, and a statement made by defendant at the time of his arrest was properly denied.

A hearing court's findings of fact are entitled to great weight (People v. Falciglia, 153 A.D.2d 795, affd. 75 N.Y.2d 935), and this court will not, without good reason, find a police officer's testimony incredible or patently tailored to overcome constitutional objections (see, e.g., People v. Vaneiken, 166 A.D.2d 308; People v. Rodriguez, 164 A.D.2d 824).

Many of the "inconsistencies" in the testimony noted by defendant are, in fact, inconsequential. Clearly, the officer could locate defendant in the theatre without a description since the officer was accompanied by a manager who identified the defendant to the officer. Therefore, the officer's testimony was not incredible as a matter of law.

Accordingly, we find that denial of defendant's motion was proper.

Concur — Kupferman, J.P., Ross, Rosenberger, Asch and Wallach, JJ.


Summaries of

People v. Jones

Appellate Division of the Supreme Court of New York, First Department
Dec 20, 1990
168 A.D.2d 370 (N.Y. App. Div. 1990)
Case details for

People v. Jones

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN JONES, Appellant

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

Date published: Dec 20, 1990

Citations

168 A.D.2d 370 (N.Y. App. Div. 1990)
562 N.Y.S.2d 689

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