Opinion
No. 570178/22
05-16-2023
The People of the State of New York, Appellant, v. Andre Bowen, Defendant-Respondent.
Unpublished Opinion
PRESENT: Hagler, P.J., Tisch, Michael, JJ.
PER CURIAM
The People appeal from an order of the Criminal Court of the City of New York, Bronx County (Shari Ruth Michels, J.), dated February 18, 2022, which granted defendant's motion to suppress physical evidence and statements.
Order (Shari Ruth Michels, J.), dated February 18, 2022, affirmed.
The court properly granted defendant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The court chose to discredit police testimony because the officer's observations were "plainly belied by what is depicted on the... [officer's] body-worn camera video as well as... the I.D.T.U video." That finding was supported by the record and was not manifestly erroneous (see People v Martin, 112 A.D.3d 453, 454 [2013]; People v Johnson, 21 A.D.3d 832 [2005]).