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People v. Baptiste

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1993
192 A.D.2d 714 (N.Y. App. Div. 1993)

Opinion

April 26, 1993

Appeal from the Supreme Court, Kings County (Firetog, J.).


Ordered that the judgments and the amended judgment are affirmed.

We find unpersuasive the defendant's claim that the hearing testimony of the police officer to the effect that the butt of a handgun and "Stacks of money wrapped in [a] rubberband" were observed in plain view inside the defendant's car was incredible as a matter of law. Questions of credibility are primarily for the hearing court, and its determination is entitled to great deference on appeal unless it is clearly erroneous. We discern no basis in the instant record for disturbing the hearing court's determination (see, People v Prochilo, 41 N.Y.2d 759; People v Sprow, 173 A.D.2d 509; People v Lassiter, 161 A.D.2d 605; People v Burke, 146 A.D.2d 706).

In light of our determination, there is no basis for vacatur of the pleas under Indictment Nos. 4884/88 and 10725/87 (cf., People v Clark, 45 N.Y.2d 432). Bracken, J.P., Miller, O'Brien and Pizzuto, JJ., concur.


Summaries of

People v. Baptiste

Appellate Division of the Supreme Court of New York, Second Department
Apr 26, 1993
192 A.D.2d 714 (N.Y. App. Div. 1993)
Case details for

People v. Baptiste

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ABRAHAM BAPTISTE…

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

Date published: Apr 26, 1993

Citations

192 A.D.2d 714 (N.Y. App. Div. 1993)
597 N.Y.S.2d 146

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