From Casetext: Smarter Legal Research

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1986
124 A.D.2d 599 (N.Y. App. Div. 1986)

Opinion

November 3, 1986

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


Ordered that the judgment is affirmed.

The hearing court properly denied the defendant's motion to dismiss the indictment, inasmuch as the People announced their readiness to proceed to trial within six months of the commencement of the criminal action (see, CPL 30.30 [a]; see also, People v Kendzia, 64 N.Y.2d 331). Furthermore, contrary to the defendant's assertion, we find that the testimony of the police officers at the hearing was not incredible as a matter of law (cf. People v Africk, 107 A.D.2d 700; People v Garafolo, 44 A.D.2d 86), and that the hearing court properly denied the motion to suppress the gun and the two statements made by the defendant to the police.

We have examined the remainder of the defendant's contentions and find them to be either unpreserved or without merit. Mangano, J.P., Bracken, Brown and Eiber, JJ., concur.


Summaries of

People v. Miller

Appellate Division of the Supreme Court of New York, Second Department
Nov 3, 1986
124 A.D.2d 599 (N.Y. App. Div. 1986)
Case details for

People v. Miller

Case Details

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

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

Date published: Nov 3, 1986

Citations

124 A.D.2d 599 (N.Y. App. Div. 1986)

Citing Cases

People v. Thompson

The Judge presiding at the suppression hearing credited the testimony of the police officer that he observed…

People v. Frias

The hearing court credited the testimony of the arresting officers that they observed the defendant reach…