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People v. Braxton

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 572 (N.Y. App. Div. 1995)

Opinion

June 26, 1995

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


Ordered that the judgment is affirmed.

The defendant argues that the hearing court improperly credited the testimony of two police officers from the Violent Felony Warrant Squad that they believed that the defendant was a wanted felon for whom they had a warrant. However, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the hearing court, which saw and heard the witnesses (see, People v. Prochilo, 41 N.Y.2d 759; People v. Gaimari, 176 N.Y. 84, 94). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Garafolo, 44 A.D.2d 46, 48). We see no reason to disturb the hearing court's determination in this case. The officers' belief that the defendant was the subject of an arrest warrant justified the action taken (see, People v Fernandez, 58 N.Y.2d 791; cf., People v. Salaman, 71 N.Y.2d 869; People v. Roberts, 196 A.D.2d 665; People v. Rodriguez, 177 A.D.2d 521; People v. Durant, 175 A.D.2d 176). O'Brien, J.P., Ritter, Copertino and Krausman, JJ., concur.


Summaries of

People v. Braxton

Appellate Division of the Supreme Court of New York, Second Department
Jun 26, 1995
216 A.D.2d 572 (N.Y. App. Div. 1995)
Case details for

People v. Braxton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAMON BRAXTON…

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

Date published: Jun 26, 1995

Citations

216 A.D.2d 572 (N.Y. App. Div. 1995)
629 N.Y.S.2d 263