People v. Gonzalez
Cases that cite this one
1 later published case cites this decision.
- People v. Reid (Appellate Division of the Supreme Court of New York 2003)
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
—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered July 12, 1993, convicting defendant, upon his plea of guilty, of attempted robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 51/2 to 11 years, unanimously affirmed.
The police officer’s testimony that defendant struggled with him during the arrest, and that during the struggle the door to defendant’s room, which was ajar, swung open, placing the contested physical evidence in plain view, is not incredible, and we decline to disturb the suppression court’s determination of credibility (see, People v Garafolo, 44 AD2d 86, 88). We perceive no abuse of sentencing discretion. Concur—Milonas, J. P., Ellerin, Wallach, Rubin and Kupferman, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.