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People v. Abreu

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1993
196 A.D.2d 717 (N.Y. App. Div. 1993)

Opinion

September 16, 1993

Appeal from the Supreme Court, New York County (Juanita Bing Newton, J.).


According the hearing court's determination of credibility appropriate weight (People v Prochilo, 41 N.Y.2d 759, 761; People v Hernandez, 172 A.D.2d 466, lv denied 78 N.Y.2d 1077), we conclude that the officer's testimony that he saw the butt of a gun in defendant's waist is not incredible as a matter of law, and was not tailored to overcome constitutional objections (see, People v Garafolo, 44 A.D.2d 86, 88).

Concur — Rosenberger, J.P., Wallach, Asch and Rubin, JJ.


Summaries of

People v. Abreu

Appellate Division of the Supreme Court of New York, First Department
Sep 16, 1993
196 A.D.2d 717 (N.Y. App. Div. 1993)
Case details for

People v. Abreu

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PEDRO ABREU, Appellant

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

Date published: Sep 16, 1993

Citations

196 A.D.2d 717 (N.Y. App. Div. 1993)
603 N.Y.S.2d 719

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