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People v. McCovey

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 2001
281 A.D.2d 644 (N.Y. App. Div. 2001)

Opinion

Argued February 23, 2001.

March 26, 2001.

Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated June 22, 2000, which, after a hearing, granted that branch of the defendant's omnibus motion which was to suppress physical evidence.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for appellant.

M. Sue Wycoff, New York, N.Y. (Karen G. Leslie of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed.

The factual findings and credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761; People v. Jakins, 277 A.D.2d 328; People v. Rose, 204 A.D.2d 745). The hearing minutes support the granting of that branch of the respondent's motion which was to suppress the physical evidence (see, People v. Howard, 50 N.Y.2d 583; People v. Boodle, 47 N.Y.2d 398).


Summaries of

People v. McCovey

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 2001
281 A.D.2d 644 (N.Y. App. Div. 2001)
Case details for

People v. McCovey

Case Details

Full title:THE PEOPLE, ETC., APPELLANT, v. TEMEEN McCOVEY, RESPONDENT

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

Date published: Mar 26, 2001

Citations

281 A.D.2d 644 (N.Y. App. Div. 2001)
722 N.Y.S.2d 394

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