People v. Colon

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARCOS COLON, Appellant

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

Date published: Sep 23, 1993

196 A.D.2d 752 (N.Y. App. Div. 1993)

602 N.Y.S.2d 541

Opinion

September 23, 1993

Appeal from the Supreme Court, Bronx County (Dominic Massaro, J.).

The hearing court's determination of credibility is entitled to great weight and should not be disturbed on appeal absent compelling reasons. No evidence was presented to contradict the officer's account of the events leading up to defendant's arrest, and his testimony was not inherently improbable or unreliable (see, People v Carter, 37 N.Y.2d 234, 239).

Concur — Rosenberger, J.P., Asch, Kassal and Rubin, JJ.