People v. McCovey

Mar 26, 2001
Versions:281 A.D.2d 644
722 N.Y.S.2d 394
2001 N.Y. App. Div. LEXIS 3096

—Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated June 22, 2000, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

The factual findings and credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see, People v Prochilo, 41 NY2d 759, 761; People v Jakins, 277 AD2d 328; People v Rose, 204 AD2d 745). The hearing minutes support the granting of that branch of the respondent’s motion which was to suppress the physical evidence (see, People v Howard, 50 NY2d 583; People v Boodle, 47 NY2d 398). O’Brien, J. P., Krausman, Florio and Schmidt, JJ., concur.