Opinion
October 20, 1992
Appeal from the Supreme Court, New York County (Alfred H. Kleiman, J.).
Although we previously held that the observing officer's direct testimony at the initial Mapp hearing sufficed to establish a prima facie showing of probable cause (see, People v Basile, 174 A.D.2d 472, lv denied 78 N.Y.2d 1073), defendant succeeded in refuting that testimony through introduction of evidence on cross-examination at the continued Mapp hearing previously directed by this Court. The officer's Grand Jury testimony and the incident report he prepared recording his observations at the scene contradicted his direct testimony at the hearing in material respects. Thus, we do not disturb the hearing court's determination on credibility.
Concur — Sullivan, J.P., Carro, Milonas and Kupferman, JJ.