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People v. Sterling

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 681 (N.Y. App. Div. 1988)

Opinion

June 13, 1988

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


Ordered that the judgment is affirmed.

Although defendant argues, inter alia, that the court erred in crediting the testimony of the police witnesses over the various members of the defendant's family who appeared on his behalf, we perceive no basis in the record before us to disturb the hearing court's determination and assessment of credibility (see, People v Johnson, 129 A.D.2d 739, 740). Issues of credibility are primarily for the hearing court (see, e.g., People v Prochilo, 41 N.Y.2d 759, 761), and its findings should be upheld unless they are clearly erroneous (see, People v Dove, 130 A.D.2d 587, lv denied 70 N.Y.2d 703; People v Johnson, supra; People v Rose, 126 A.D.2d 581, lv denied 69 N.Y.2d 1009; People v Armstead, 98 A.D.2d 726). When viewed within the context of the foregoing criteria, there exist no grounds to disturb the hearing court's determination. Lawrence, J.P., Kunzeman, Kooper and Harwood, JJ., concur.


Summaries of

People v. Sterling

Appellate Division of the Supreme Court of New York, Second Department
Jun 13, 1988
141 A.D.2d 681 (N.Y. App. Div. 1988)
Case details for

People v. Sterling

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THEODORE J. STERLING…

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

Date published: Jun 13, 1988

Citations

141 A.D.2d 681 (N.Y. App. Div. 1988)