Opinion
2000-09544
Argued April 26, 2002.
May 13, 2002.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered September 26, 2000, convicting her of criminal possession of a controlled substance in the fourth degree, upon her plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress certain physical evidence.
Greenwald Law Offices, Chester, N.Y. (Marie DuSault of counsel), for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ROBERT W. SCHMIDT, SANDRA L. TOWNES, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the police officer's hearing testimony was incredible is unpersuasive. It is well settled that the factual findings and credibility determinations of the hearing court are entitled to great deference on appeal and its conclusions will not be set aside unless manifestly erroneous or unsupported by the record (see People v. Curry, 213 A.D.2d 664). Here, there is no basis to disturb the hearing court's determination since the officer's testimony was neither incredible as a matter of law nor patently tailored to overcome constitutional objections (see People v. Curry, supra).
Moreover, the police officer had probable cause to search the contents of the defendant's vehicle (see People v. Guido, 175 A.D.2d 364; People v. Martin, 169 A.D.2d 1006).
The defendant's remaining contention is without merit.
ALTMAN, J.P., SCHMIDT, TOWNES and COZIER, JJ., concur.