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People v. Matias

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 625 (N.Y. App. Div. 1988)

Opinion

February 8, 1988

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


Ordered that the judgment is affirmed.

The question of whether the controlled substance found in the defendant's car was in plain view of the arresting officer is a question hinging upon the credibility of the witnesses. As such, we perceive no reason to overturn the determination of the hearing court. "Issues of credibility are primarily for the hearing court and its findings should be upheld unless they are clearly erroneous" (People v Armstead, 98 A.D.2d 726; see also, People v Duncan, 75 A.D.2d 823).

We have considered the defendant's other contentions and find them to be without merit. Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.


Summaries of

People v. Matias

Appellate Division of the Supreme Court of New York, Second Department
Feb 8, 1988
137 A.D.2d 625 (N.Y. App. Div. 1988)
Case details for

People v. Matias

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. IVAN MATIAS, Appellant

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

Date published: Feb 8, 1988

Citations

137 A.D.2d 625 (N.Y. App. Div. 1988)

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