Opinion
2017–08432 Ind.No. 6690/16
12-04-2019
The PEOPLE, etc., Respondent, v. Avree LAMAR, Appellant.
Paul Skip Laisure, New York, N.Y. (Sean Nuttall of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Sarah G. Pitts of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Sean Nuttall of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Sarah G. Pitts of counsel), for respondent.
LEONARD B. AUSTIN, J.P., COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed.
We agree with the Supreme Court's determination to deny that branch of the defendant's omnibus motion which was to suppress a firearm recovered during a search of the defendant's person incident to an arrest. "The credibility determinations of the Supreme Court following a suppression hearing are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record" ( People v. Watson , 163 A.D.3d 855, 856–857, 81 N.Y.S.3d 449 [internal quotation marks omitted]; see People v. Casey , 149 A.D.3d 770, 771, 52 N.Y.S.3d 377 ). Contrary to the defendant's contention, the hearing testimony of a police officer that he was aware of an open arrest warrant for the defendant before the officer pursued, stopped, and arrested the defendant was not incredible or patently tailored to meet constitutional objections. "Nothing about the officer's testimony was unbelievable as a matter of law, manifestly untrue, physically impossible, contrary to experience, or self-contradictory" ( People v. James , 19 A.D.3d 617, 618, 798 N.Y.S.2d 483 ). Moreover, in exercising our factual review power, we discern no basis in the record to disturb the hearing court's credibility determination (see People v. Granger , 122 A.D.3d 940, 941, 997 N.Y.S.2d 466 ). Therefore, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the firearm.
The sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
AUSTIN, J.P., DUFFY, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.