People v. Hill

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY HILL, Appellant

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

Date published: Sep 16, 1993

196 A.D.2d 722 (N.Y. App. Div. 1993)

603 N.Y.S.2d 720

Opinion

September 16, 1993

Appeal from the Supreme Court, New York County (Felice Shea, J.).

The testimony of the arresting police officer that he believed defendant possessed a gun, and that he continued to believe such after frisking defendant, is not incredible and does not warrant disturbing the suppression court's findings of credibility (see, People v Garafolo, 44 A.D.2d 86, 88). Nor do we find defendant's bargained-for sentence to be unduly harsh.

Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.