People v. Edwards

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARK EDWARDS, Appellant

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

Date published: May 14, 1998

250 A.D.2d 442 (N.Y. App. Div. 1998)

672 N.Y.S.2d 700

Opinion

May 14, 1998

Appeal from the Supreme Court, New York County (Bonnie Wittner, J.).

Defendant's suppression motion was properly denied. The court expressly credited the arresting officer's testimony that he saw the butt of a gun protruding from defendant's waistband before defendant was searched. Defendant's challenge to the adequacy of the court's factual findings with respect to the credibility of the defense witnesses is without merit. The hearing courts express and implied credibility determinations are entitled to great weight, and we find no basis in the record to disturb these factual findings ( see, People v. Prochilo, 41 N.Y.2d 759, 761).

Concur — Sullivan, J.P., Rosenberger, Williams and Tom, JJ.