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People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1991
175 A.D.2d 852 (N.Y. App. Div. 1991)

Opinion

August 12, 1991

Appeal from the County Court, Nassau County (Wexner, J.).


Ordered that the judgment is affirmed.

The minor inconsistencies in the arresting officer's testimony upon which the defendant relies do not establish that the officer's hearing testimony was incredible or tailored to nullify constitutional objections. It is well settled that the determination of the hearing court, "with its peculiar advantages of having seen and heard the witnesses" (People v Prochilo, 41 N.Y.2d 759, 761; see also, People v Clement, 154 A.D.2d 545, 546; People v Williams, 154 A.D.2d 564, 565; People v Hughes, 138 A.D.2d 523), must be accorded great weight. We discern no reason to disturb the hearing court's findings, all of which were amply supported by the evidence contained in the record. Thompson, J.P., Lawrence, Balletta and O'Brien, JJ., concur.


Summaries of

People v. Thomas

Appellate Division of the Supreme Court of New York, Second Department
Aug 12, 1991
175 A.D.2d 852 (N.Y. App. Div. 1991)
Case details for

People v. Thomas

Case Details

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

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

Date published: Aug 12, 1991

Citations

175 A.D.2d 852 (N.Y. App. Div. 1991)
573 N.Y.S.2d 420

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