People v. Corbin
Cases that cite this one
7 later published cases cite this decision.
- People v. Martinez (Bronx Criminal Court 2024)
- People v. Greene (Appellate Division of the Supreme Court of New York 2011)
- People v. Clough (Appellate Division of the Supreme Court of New York 2010)
- People v. Butler (Appellate Division of the Supreme Court of New York 2006)
- People v. Lomiller (Appellate Division of the Supreme Court of New York 2006)
- People v. LaRose (New York County Courts 2004)
- People v. Capraella (Criminal Court of the City of New York 1995)
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
Order, Supreme Court, New York County (Edward Sheridan, J.), entered on or about April 10, 1992, which granted defendant’s motion to suppress a gun found in the trunk of his car, unanimously affirmed.
Police stopped defendant’s car on the basis of its similarity to a car described minutes before in a radio report of shots fired. The hearing court ruled, after weighing the sharply conflicting testimony of the police and defense witnesses at the suppression hearing with respect to the defendant’s alleged voluntary consent to search his car, that the People had failed to meet their " 'heavy burden’ ” of proof on that issue by " 'clear and positive’ ” evidence (People v Zimmerman, 101 AD2d 294, 295).
The hearing court plainly had doubts about the credibility of the police witnesses, and we will not substitute our own findings on credibility unless the fact findings under review are "plainly unjustified or clearly erroneous” (People v Tempton, 192 AD2d 369, 370, lv denied 82 NY2d 760). Our review of testimony at the suppression hearing does not warrant reversal of the hearing court’s determination that the People failed to meet their burden of proof on the question of defendant’s voluntary consent to the search of his car. Concur — Carro, J. P., Ellerin, Kupferman and Rubin, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.