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People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 421 (N.Y. App. Div. 1995)

Opinion

June 12, 1995

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


Ordered that the judgment is affirmed.

There is no merit to the defendant's contention that the arresting police officer's testimony at the pretrial hearing was incredible as a matter of law (cf., People v. Garafolo, 44 A.D.2d 86). The arresting police officer testified that, prior to stopping the defendant's automobile, a computer search was done on the defendant's license plate and the search revealed that the license plate had been reported stolen. The officer testified that he then stopped defendant's automobile and arrested the defendant. Contrary to the defendant's contention, the police officer's testimony was not rendered unbelievable by the fact that a computer printout of the information obtained by the police officer through his mobile computer was not produced until after the defendant's arrest. Furthermore, that the officer did not issue any tickets to the defendant's automobile does not, under the facts of this case, indicate any fabrication on the part of the police officer (see, People v. Garcia, 179 A.D.2d 1047, 1049).

The defendant's remaining contentions are either unpreserved for appellate review (CPL 470.05) or without merit. Mangano, P.J., Joy, Hart and Florio, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Jun 12, 1995
216 A.D.2d 421 (N.Y. App. Div. 1995)
Case details for

People v. Miller

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMERSON MILLER…

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

Date published: Jun 12, 1995

Citations

216 A.D.2d 421 (N.Y. App. Div. 1995)
628 N.Y.S.2d 339

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