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Matter of Mark

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 700 (N.Y. App. Div. 1993)

Opinion

March 29, 1993

Appeal from the Family Court, Queens County (DePhillips, J.).


Ordered that the order of disposition is affirmed, without costs or disbursements.

The appellant's sole contention on appeal is that arresting officer's testimony was incredible and unworthy of belief. The officer had testified that as he had approached the appellant to ask him some questions, he saw the appellant drop two vials of crack cocaine. However, it is well settled that the determination of the hearing court, with its advantage of having seen and heard the witnesses, should be accorded great weight and should not be disturbed if it is supported by the record (see, Matter of William T., 182 A.D.2d 766; Matter of Judah J., 182 A.D.2d 621). We cannot say that the officer's testimony is "`impossible of belief because it is manifestly untrue, physically impossible, contrary to experience, or self-contradictory'" (People v Garafolo, 44 A.D.2d 86, 88; see also, People v. Boone, 183 A.D.2d 721; People v. Wright, 176 A.D.2d 473; People v. Randall, 175 A.D.2d 142; People v. Charriez, 174 A.D.2d 380). Accordingly, the appellant's contention must be rejected. Bracken, J.P., Balletta, Eiber and Santucci, JJ., concur.


Summaries of

Matter of Mark

Appellate Division of the Supreme Court of New York, Second Department
Mar 29, 1993
191 A.D.2d 700 (N.Y. App. Div. 1993)
Case details for

Matter of Mark

Case Details

Full title:In the Matter of MARK S., a Person Alleged to be a Juvenile Delinquent…

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

Date published: Mar 29, 1993

Citations

191 A.D.2d 700 (N.Y. App. Div. 1993)
595 N.Y.S.2d 533