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People v. Elleby

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1993
194 A.D.2d 312 (N.Y. App. Div. 1993)

Opinion

June 3, 1993

Appeal from the Supreme Court, New York County, John A.K. Bradley, J., Leslie Crocker Snyder, J.


Defendant's suppression motion was appropriately denied. Since there is no ground to find the testimony of the police witnesses "patently tailored to nullify constitutional objections" (People v. Miret-Gonzalez, 159 A.D.2d 647, 649, lv denied 76 N.Y.2d 739), it was for the hearing court to resolve any question of credibility and its resolution will not be disturbed on appeal (see, People v. Smith, 77 A.D.2d 544, 545-546).

The addition of one year to the minimum sentence to which defendant had agreed at plea, in light of defendant's intentional falsification designed to conceal his substantial criminal record in South Carolina, was not, in view of the opportunity given and declined to withdraw the plea, an abuse of discretion (see, People v. Walker, 187 A.D.2d 909, lv denied 81 N.Y.2d 796).

Concur — Murphy, P.J., Sullivan, Milonas, Kupferman and Kassal, JJ.


Summaries of

People v. Elleby

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1993
194 A.D.2d 312 (N.Y. App. Div. 1993)
Case details for

People v. Elleby

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STEVE ELLEBY, Appellant

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

Date published: Jun 3, 1993

Citations

194 A.D.2d 312 (N.Y. App. Div. 1993)
598 N.Y.S.2d 242