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People v. Pagan

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2005
23 A.D.3d 412 (N.Y. App. Div. 2005)

Summary

affirming trial court's decision that the troopers had probable cause to search Petitioner's car

Summary of this case from Pagan v. Brown

Opinion

1999-05703.

November 7, 2005.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered May 25, 1999, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

George M. Harmel, Jr., Central Islip, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Peter H. Mayer of counsel), for respondent.

Before: Schmidt, J.P., Santucci, Krausman and Covello, JJ., concur.


Ordered that the judgment is affirmed.

The factual findings and credibility determinations of a hearing court are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record ( People v. Cameron, 6 AD3d 546; People v. Chapman, 277 AD2d 392). The record supports the County Court's determination to credit the police officer's testimony, which indicated that there was probable cause for the search of the defendant's vehicle ( see People v. Torres, 74 NY2d 224; People v. Blasich, 73 NY2d 673; People v. Goldring, 186 AD2d 675). Consequently, the County Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence.

The defendant's remaining contentions are either unpreserved for appellate review or without merit.


Summaries of

People v. Pagan

Appellate Division of the Supreme Court of New York, Second Department
Nov 7, 2005
23 A.D.3d 412 (N.Y. App. Div. 2005)

affirming trial court's decision that the troopers had probable cause to search Petitioner's car

Summary of this case from Pagan v. Brown
Case details for

People v. Pagan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHRISTOPHER PAGAN…

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

Date published: Nov 7, 2005

Citations

23 A.D.3d 412 (N.Y. App. Div. 2005)
2005 N.Y. Slip Op. 8347
805 N.Y.S.2d 557

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