Summary
finding a testifying officer more credible than the affidavit of a defendant who chooses not to testify at a suppression hearing even though he was entitled to do so without the risk that it be used against him at trial
Summary of this case from U.S. v. LandanOpinion
07 CR 421 (NG) (JMA).
June 8, 2009
ORDER
For the reasons stated on the record at the hearing before the court held on April 16, 2009, following a de novo review of the Report and Recommendation of Judge Azrack dated March 5, 2009, ("R R"), recommending (i) denying defendant Kevin Phillip's motion to suppress the post-arrest statements of defendant Phillips and (ii) granting, in part, and denying, in part, defendants' motion to exclude recorded statements of defendant Odini Hemmings, the R R is adopted in its entirety.