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People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 500 (N.Y. App. Div. 1997)

Opinion

July 14, 1997

Appeal from the Supreme Court, Kings County (Gary, J.).


Ordered that the judgment is affirmed.

The hearing court's determination on issues of credibility should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see, People v. Williams, 226 A.D.2d 750, 751; People v. Garafolo, 44 A.D.2d 86, 88). We find no reason to disturb the court's finding that the police officers' testimony was credible.

Based on the information supplied by the unidentified informants during their face-to-face conversation with the police officers and the observations of one of the officers as he approached the defendant, the police had a reasonable suspicion that the defendant possessed a gun (see, People v. Sapp, 241 A.D.2d 503 [decided herewith]; People v. Sledge, 225 A.D.2d 711; People v. Agyman, 204 A.D.2d 731; People v. Sattan, 200 A.D.2d 640; People v. Castro, 115 A.D.2d 433, affd 68 N.Y.2d 850). Consequently, the stop of the defendant and the retrieval of the gun from his waistband were lawful (see, People v. Agyman, supra; People v. Sattan, supra; People v. Whitehead, 135 A.D.2d 997, 998-999; People v. Smith, 93 A.D.2d 432, 434).

Thompson, J. P., Joy, Altman and Florio, JJ., concur.


Summaries of

People v. Green

Appellate Division of the Supreme Court of New York, Second Department
Jul 14, 1997
241 A.D.2d 500 (N.Y. App. Div. 1997)
Case details for

People v. Green

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BILLY GREEN, Appellant

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

Date published: Jul 14, 1997

Citations

241 A.D.2d 500 (N.Y. App. Div. 1997)
661 N.Y.S.2d 520

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