People v. WynterPeople v. Wynter
The hearing court properly denied those branches of the defendant’s omnibus motion which were to suppress physical evidence obtained from his home and the lineup identification. “The credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record” (People v Jenneman, 37 AD3d 736, 737 [2007]; see People v Cristobal, 136 AD2d 558 [1988]). The record supports the hearing court’s determination to credit the testimony of the police witness, which established that the defendant’s mother voluntarily consented to the search of the defendant’s home that he shared with her (see People v Gonzalez, 39 NY2d 122 [1976]) and that the lineup identification procedure was not improperly conducted.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Spolzino, J.P., Skelos, Florio and Angiolillo, JJ., concur.