People v. Williams
Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered January 6, 1989, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Rienzi, J.), of that branch of the defendant’s omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
The evidence adduced at the pretrial suppression hearing established that on November 19, 1987, at approximately 2:00
Although there are minor inconsistencies in the testimony of the police officers, the hearing court’s resolution of issues of credibility is entitled to great weight on appeal and will not be disturbed here since it is supported by the record (see, People v Prochillo, 41 NY2d 759; People v Smith, 182 AD2d 786). The evidence, which was properly credited by the court, was sufficient to establish that the police had probable cause to arrest the defendant and to seize the contraband without first securing a search warrant (see, People v Clements, 37 NY2d 675, cert denied sub nom. Metzger v New York, 425 US 911). Accordingly, suppression was properly denied. Harwood, J. P., Rosenblatt, Ritter and Pizzuto, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.