Appellate Division of the Supreme Court of New York, 2008

People v. Rivera

People v. Rivera
Appellate Division of the Supreme Court of New York · Decided March 27, 2008
49 A.D.3d 457; 853 N.Y.2d 556
People v. Rivera

Opinion of the Court

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v *458Prochilo, 41 NY2d 759, 761 [1977]). The hearing court had the unique opportunity to see and hear the witnesses.

Since the only argument that defendant made before the hearing court was that the police testimony was incredible, all of the other arguments he raises on appeal are unpreserved (see People v Tutt, 38 NY2d 1011 [1976]; see also People v Buckley, 75 NY2d 843 [1990]), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The police conduct was lawful at each stage of the encounter. Concur—Friedman, J.P., Gonzalez, McGuire and Moskowitz, JJ.

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