From Casetext: Smarter Legal Research

People v. Bloomfield

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 651 (N.Y. App. Div. 1995)

Opinion

November 27, 1995

Appeal from the Supreme Court, Kings County (Douglass, J.).


Ordered that the judgment is affirmed.

It is well settled that the determination of the suppression court, having the advantage of seeing and hearing the witnesses, must be accorded great weight on appeal and its determination should not be disturbed if it is supported by the record (see, People v Prochilo, 41 N.Y.2d 759; People v Gaimari, 176 N.Y. 84; People v Daniels, 190 A.D.2d 858).

The hearing court's determination as to the credibility of the officers' testimony should not be disturbed (see, People v Ruiz, 166 A.D.2d 302; People v Rodriguez, 164 A.D.2d 824). Furthermore, the recovery of the gun, which was discarded and abandoned by the defendant during his flight from the police, was lawful (see, Matter of Jerry C., 197 A.D.2d 685; People v Price, 194 A.D.2d 634). O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

People v. Bloomfield

Appellate Division of the Supreme Court of New York, Second Department
Nov 27, 1995
221 A.D.2d 651 (N.Y. App. Div. 1995)
Case details for

People v. Bloomfield

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DION BLOOMFIELD…

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

Date published: Nov 27, 1995

Citations

221 A.D.2d 651 (N.Y. App. Div. 1995)
635 N.Y.S.2d 489

Citing Cases

People v. Williams

The evidence adduced at the hearing reveals that the photographic array identification procedure was neither…

People v. Sumpter

The jury's determination should be accorded great weight on appeal and should not be disturbed unless clearly…