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People v. HobsonPeople v. Hobson

Appellate Division of the Supreme Court of the State of New York
Nov 27, 2013
Versions:111 A.D.3d 958
975 N.Y.S.2d 682

Ordered that the amended judgment is affirmed.

The defendant’s contentions that the testimony of the police officers at the suppression hearing was tailored to establish a sufficient factual predicate for the police action leading to the recovery of the gun and marijuana from his person, and that the hearing court erred in crediting the officers’ testimony, is without merit. The credibility determinations of a hearing court following a suppression hearing are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]; People v Wilson, 96 AD3d 980, 981 [2012]; People v Marinus, 90 AD3d 677 [2011]). Here, the record supports the Supreme Court’s determination to credit the officers’ testimony. Contrary to the defendant’s contention, the testimony was not incredible, patently tailored to nullify constitutional objections, or otherwise unworthy of belief (see People v Condon, 100 AD3d 920 [2012]; People v McClendon, 92 AD3d 959, 960 [2012]; People v Anderson, 91 AD3d 789 [2012]; People v Johnson, 83 AD3d 733, 734 [2011]; People v Glenn, 53 AD3d 622, 623-624 [2008]). Rivera, J.P., Angiolillo, Hall and Cohen, JJ., concur.

Case Details

Case Name: People v. Hobson
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Nov 27, 2013
Citations: 111 A.D.3d 958; 975 N.Y.S.2d 682
Court Abbreviation: N.Y. App. Div.
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