People v. Melecio

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDYL MELECIO, Appellant

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

Date published: Nov 25, 1997

244 A.D.2d 281 (N.Y. App. Div. 1997)

665 N.Y.S.2d 850

Opinion

November 25, 1997

Appeal from the Supreme Court, New York County (Herbert Altman, J.).

Defendant's guilt was established by legally sufficient evidence. Since we decline to disturb the credibility determinations of either the hearing court or the jury, we conclude that defendant's suppression motion was properly denied, and that the verdict was not against the weight of the evidence ( see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Gaimari, 176 N.Y. 84, 94).

Concur — Milonas, J. P., Rosenberger, Nardelli, Rubin and Tom, JJ.