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People v. Harley

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1988
139 A.D.2d 665 (N.Y. App. Div. 1988)

Opinion

April 18, 1988

Appeal from the Supreme Court, Queens County (Clabby, J.).


Ordered that the judgment is affirmed.

The defendant and three codefendants were stopped by the police after an officer observed one of the codefendants holding up two plastic Ziploc bags containing a white substance which later proved to be cocaine. Upon review of the arresting officer's testimony at the Mapp hearing we find that it was consistent and not incredible as a matter of law. Issues of credibility are primarily for the hearing court and its findings are to be accorded great weight unless they are clearly erroneous (People v. Dove, 130 A.D.2d 587, lv denied 70 N.Y.2d 703). As we perceive no basis to overturn the hearing court's determination, we conclude that suppression of the contraband which was in plain view on the front passenger seat was properly denied (People v Landy, 59 N.Y.2d 369; People v. Green, 133 A.D.2d 170, lv denied 70 N.Y.2d 875; People v. Rodriguez, 130 A.D.2d 596, lv denied 70 N.Y.2d 716). Bracken, J.P., Weinstein, Rubin and Kooper, JJ., concur.


Summaries of

People v. Harley

Appellate Division of the Supreme Court of New York, Second Department
Apr 18, 1988
139 A.D.2d 665 (N.Y. App. Div. 1988)
Case details for

People v. Harley

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN HARLEY, Appellant

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

Date published: Apr 18, 1988

Citations

139 A.D.2d 665 (N.Y. App. Div. 1988)

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