People v. Baez

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE BAEZ, Appellant

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

Date published: Jun 15, 1999

262 A.D.2d 131 (N.Y. App. Div. 1999)

691 N.Y.S.2d 762

Opinion

June 15, 1999.

Appeal from the Supreme Court, New York County (Marcy Kahn, J., at suppression hearing; Bonnie Wittner, J., at jury trial and sentence).

Defendant's suppression motion was properly denied. We see no basis to disturb the hearing court's credibility determinations. The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We likewise see no reason to disturb the jury's credibility determinations.

Concur — Rosenberger, J.P., Tom, Rubin, Saxe and Buckley, JJ.