PEOPLE OF v. JEF FREY

2 Citing cases

  1. People v. Scarborough

    857 N.E.2d 75 (N.Y. 2006)

    September 11, 2006. Appeal from the 1st Dept: 31 AD3d 301 (Bronx). G.B. Smith, J.

  2. People v. Rivera

    60 A.D.3d 788 (N.Y. App. Div. 2009)   Cited 11 times

    The "credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record" ( People v Parker, 306 AD2d 543, 543). The record supports the hearing court's finding that the subject police officer was given a description of two robbery suspects and the suspected location of those suspects; that the officer observed a vehicle parked in front of a fire hydrant in front of that location, a bodega which, he was informed, may have been recently burglarized by the same two suspects; that he saw clear plastic boxes of lottery tickets and packs of cigarettes in plain view upon shining his flashlight into the vehicle from outside; and that the occupants of the vehicle matched the descriptions of the aforementioned robbery suspects ( see People v Scarborough, 31 AD3d 301, 302; People v Edwards, 29 AD3d 818, 818-819; see also People v Semanek, 30 AD3d 547, 548). Moreover, the defendant, who was a passenger in the vehicle, lacked standing to contest the search of the lawfully-stopped vehicle ( see People v Garcia, 39 AD3d 666, 667; People v Ballard, 16 AD3d 697, 698; People v Cooper, 241 AD2d 553, 554).