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Matter of Jamel

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1989
148 A.D.2d 614 (N.Y. App. Div. 1989)

Opinion

March 20, 1989

Appeal from the Family Court, Queens County (Ambrosio, J.).


Ordered that the orders of disposition are affirmed, without costs or disbursements.

The Family Court's findings, after a hearing, that the appellant's arrest was based upon probable cause and that the search pursuant to this arrest which uncovered drugs and money on the appellant's person was legal, were not clearly erroneous or unsupported by the record. Accordingly, the court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence (see, People v. Armstead, 98 A.D.2d 726). "Questions of credibility are primarily for the hearing court, and its determination is entitled to great deference on appeal unless it is clearly erroneous or unsupported by the record" (People v. Burke, 146 A.D.2d 706). In this case, the Family Court properly exercised its fact-finding function and resolved conflicting testimony as to the distance between the arresting officer and the appellant at the time of the observations at issue. We perceive no basis for disturbing the hearing court's resolution of this issue. Bracken, J.P., Spatt, Sullivan and Harwood, JJ., concur.


Summaries of

Matter of Jamel

Appellate Division of the Supreme Court of New York, Second Department
Mar 20, 1989
148 A.D.2d 614 (N.Y. App. Div. 1989)
Case details for

Matter of Jamel

Case Details

Full title:In the Matter of DIONE JAMEL M., a Person Alleged to be a Juvenile…

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

Date published: Mar 20, 1989

Citations

148 A.D.2d 614 (N.Y. App. Div. 1989)
539 N.Y.S.2d 391

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Matter of Dione Jamel M

Decided June 8, 1989 Appeal from (2d dept: 148 A.D.2d 614) MOTIONS FOR LEAVE TO APPEAL GRANTED OR…