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People v. Pasciuta

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1985
112 A.D.2d 251 (N.Y. App. Div. 1985)

Opinion

July 8, 1985

Appeal from the County Court, Suffolk County (Copertino, J.).


Judgment affirmed.

Although the hearing court's finding that defendant voluntarily accompanied the police in their vehicle to the parking lot opposite the crime scene may be questionable, it correctly found that there was probable cause to arrest defendant regardless of whether he consented to go with the police ( see, People v Pasciuta, 122 Misc.2d 158, 162).

Moreover, there was ample evidence in the record to support the hearing court's determination that the complainant's in-court identification testimony should not be suppressed ( see, People v Pasciuta, supra, at pp 160-161). Its determination must be accorded great weight, since it is for the trier of the facts to choose between conflicting inferences which may be drawn from the proof ( People v. Yukl, 25 N.Y.2d 585, 588, cert denied 400 U.S. 851; People v. Leonti, 18 N.Y.2d 384, 390, cert denied 389 U.S. 1007; People v. Hartley, 103 A.D.2d 935).

We have considered defendant's other contentions and find them to be without merit. Mangano, J.P., Thompson, Brown and Kunzeman, JJ., concur.


Summaries of

People v. Pasciuta

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1985
112 A.D.2d 251 (N.Y. App. Div. 1985)
Case details for

People v. Pasciuta

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL PASCIUTA…

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

Date published: Jul 8, 1985

Citations

112 A.D.2d 251 (N.Y. App. Div. 1985)