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People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1990
166 A.D.2d 540 (N.Y. App. Div. 1990)

Opinion

October 9, 1990

Appeal from the County Court, Nassau County (Delin, J.).


Ordered that the judgment is affirmed.

The hearing court found that police officers, in response to a radio call regarding two suspicious black males at a gas station, arrived at the gas station and saw the defendant, a black male, standing next to the codefendant, also a black male, near the cashier's booth. The hearing court also found that one of the arresting officers observed that a gun was protruding from a bag held by the codefendant. On the basis of those findings, the court held that the officers had probable cause to arrest the defendant. The hearing court's determination here, which was based on issues of credibility, is entitled to great weight and should not be disturbed (see, People v. Rose, 159 A.D.2d 600; People v. Prochilo, 53 A.D.2d 196, affd 41 N.Y.2d 759). Bracken, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.


Summaries of

People v. Carter

Appellate Division of the Supreme Court of New York, Second Department
Oct 9, 1990
166 A.D.2d 540 (N.Y. App. Div. 1990)
Case details for

People v. Carter

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY CARTER…

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

Date published: Oct 9, 1990

Citations

166 A.D.2d 540 (N.Y. App. Div. 1990)

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