Appellate Division of the Supreme Court of New York, 1985

People v. Owens

Appellate Division of the Supreme Court of New York · Decided May 13, 1985

111 A.D.2d 273; 489 N.Y.S.2d 109; 1985 N.Y. App. Div. LEXIS 51392

Cases that cite this one

2 later published cases cite this decision.

People v. Clavijo (Appellate Division of the Supreme Court of New York 1987)
People v. Rayner (Appellate Division of the Supreme Court of New York 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Appeal by defendant from a judgment of the Supreme Court, Queens County (Dubin, J.), rendered May 19, 1982, convicting him of attempted criminal possession of a weapon in the third degree, upon a plea of guilty, and imposing sentence. This appeal brings up for review the denial, after a hearing (Rubin, J.), of defendant’s motion to suppress the weapon found on his person.

Judgment affirmed.

*274We see no basis, on this record, to substitute our judgment for that of the Judge presiding at the suppression hearing, who credited the testimony of the arresting officer (see, People v Valo, 92 AD2d 1004; People v Hopkins, 86 AD2d 937, 938; People v Duncan, 75 AD2d 823, 824; People v Wright, 71 AD2d 585, 586) and we reject defendant’s contention that this testimony “has all appearances of having been patently tailored to nullify constitutional objections” (People v Garafolo, 44 AD2d 86, 88; see, People v Africk, 107 AD2d 700; People v Rodriguez, 105 AD2d 718). O’Connor, J. P., Weinstein, Brown and Kunzeman, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.