People v. Giler

Mar 22, 2017
2015-03636
Reporters:
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Before:
Dillon

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant‘s omnibus motion which was to suppress physical evidence, namely, a cell phone recovered from the defendant at the time of his arrest. The hearing testimony established that the police had probable cause to arrest the defendant (see CPL 70.10 [2]). Contrary to the defendant‘s contention, the testimony of the arresting police officer at the hearing does not appear patently tailored to nullify constitutional objections (see People v Lewis, 195 AD2d 523 [1993]; People v Miret-Gonzalez, 159 AD2d 647, 649 [1990]). This testimony was properly credited by the hearing court (see People v Spann, 82 AD3d 1013 [2011]; People v Glenn, 53 AD3d 622 [2008]).

The defendant‘s motion to reopen the suppression hearing was properly denied (see CPL 710.40 [4]; People v Mercado, 62 NY2d 866 [1984]; People v Kuberka, 215 AD2d 592 [1995]). The asserted discrepancy between the arresting officer‘s testimony at the hearing and a statement he allegedly made after the hearing would not materially affect the suppression determination (see People v Clark, 88 NY2d 552, 555 [1996]; People v Robinson, 138 AD3d 764 [2016]).

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant‘s guilt beyond a reasonable doubt. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accord great deference to the factfinder‘s opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 NY3d 383 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Dillon, J.P., Roman, Hinds-Radix and Duffy, JJ., concur.