Opinion
March 20, 1990
Appeal from the Supreme Court, New York County (John A.K. Bradley, J.
The dispositive issue on appeal is the determination of the witnesses' credibility. The court was faced with two versions of how the detectives gained warrantless entry into defendant's apartment, and properly accepted that of the officers.
We affirm the hearing court's determination of credibility. Pertinent is the principle that credibility is best determined in the crucible of the courtroom (People v Wright, 71 A.D.2d 585) and the recognition that there is always the possibility of perjury. (Cf., People v Berrios, 28 N.Y.2d 361.) We find that the testimony of Detective Ortiz is not contrary to experience and that the court's findings of fact are not manifestly erroneous or unsupported by evidence. The fact that the defense witnesses had a different version of the events only serves to emphasize that the court was in the unique position to determine which account was worthy of belief.
We also find that the court did not abuse its discretion in imposing sentence.
Concur — Carro, J.P., Kassal, Ellerin, Wallach and Rubin, JJ.