From Casetext: Smarter Legal Research

People v. Garth

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 726 (N.Y. App. Div. 1997)

Opinion

October 27, 1997

Appeal from Supreme Court, Kings County (McKay, J.)


Ordered that the judgment is affirmed.

We disagree with the defendant that the hearing court's determination to deny suppression was erroneous. It is well settled that credibility is a matter to be determined by the trier of the facts ( People v. Malizia, 62 N.Y.2d 765, 757; People v. Garafolo, 44 A.D.2d 86, 88). The court's determination ultimately turned on the credibility of the observing officer and the reasonableness of his testimony. We find no basis to disturb the hearing court's rulings ( People v. Prochilo, 41 N.Y.2d 769; People v. Murreld, 185 A.D.2d 826).

Ritter, J.P., Friedmann, Krausman and McGinity, JJ., concur.


Summaries of

People v. Garth

Appellate Division of the Supreme Court of New York, Second Department
Oct 27, 1997
243 A.D.2d 726 (N.Y. App. Div. 1997)
Case details for

People v. Garth

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES GARTH, True…

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

Date published: Oct 27, 1997

Citations

243 A.D.2d 726 (N.Y. App. Div. 1997)
666 N.Y.S.2d 309

Citing Cases

People v. James

ORDERED that the judgment is affirmed. The denial of suppression of both physical evidence and identification…