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People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 600 (N.Y. App. Div. 1987)

Opinion

May 11, 1987

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


Ordered that the judgment is affirmed.

We do not agree with the defendant's contention that the arresting officer's testimony at the suppression hearing was patently tailored to nullify constitutional objections or so self-contradictory as to render it unworthy of belief (see, People v. Africk, 107 A.D.2d 700; cf., People v. Garafolo, 44 A.D.2d 86). Therefore, we refuse to disturb the hearing court's finding of credibility, and its determination that there existed a reasonable suspicion to stop the defendant, which stop then ripened, during the course of events, into probable cause to arrest. Bracken, J.P., Brown, Rubin and Spatt, JJ., concur.


Summaries of

People v. Smith

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1987
130 A.D.2d 600 (N.Y. App. Div. 1987)
Case details for

People v. Smith

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN SMITH, Appellant

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

Date published: May 11, 1987

Citations

130 A.D.2d 600 (N.Y. App. Div. 1987)

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