New York Court of Appeals, 1986

People v. Rivera

New York Court of Appeals · Decided September 9, 1986 · Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., Concur

68 N.Y.2d 786; 506 N.Y.S.2d 854; 498 N.E.2d 418; 1986 N.Y. LEXIS 20097

Cases that cite this one

44 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Ceballos (Appellate Division of the Supreme Court of New York 1991)
People v. Colin (Appellate Division of the Supreme Court of New York 2024)
People v. Addison (Appellate Division of the Supreme Court of New York 2021)
People v. Murray (Appellate Division of the Supreme Court of New York 2009)
In re Nygee T. (Appellate Division of the Supreme Court of New York 2001)
People v. Richardson (Appellate Division of the Supreme Court of New York 1998)
In re Manuel H. (Appellate Division of the Supreme Court of New York 1997)
People v. Hopkins (Appellate Division of the Supreme Court of New York 1997)
People v. Contrero (Appellate Division of the Supreme Court of New York 1996)
People v. Lawrence (Appellate Division of the Supreme Court of New York 1996)
People v. Brown (Appellate Division of the Supreme Court of New York 1996)
People v. Ruiz (Appellate Division of the Supreme Court of New York 1993)
People v. Quinones (Appellate Division of the Supreme Court of New York 1993)
People v. Johnson (Appellate Division of the Supreme Court of New York 1993)
People v. Bazilo (Appellate Division of the Supreme Court of New York 1993)
People v. Jamal G. (Appellate Division of the Supreme Court of New York 1993)
People v. Bass (Appellate Division of the Supreme Court of New York 1992)
People v. Agosto (Appellate Division of the Supreme Court of New York 1992)
People v. Cruz (Appellate Division of the Supreme Court of New York 1992)
People v. Castro (Appellate Division of the Supreme Court of New York 1992)
People v. Francis (Appellate Division of the Supreme Court of New York 1992)
People v. Quesada (Appellate Division of the Supreme Court of New York 1992)
People v. Ramirez (Appellate Division of the Supreme Court of New York 1992)
People v. Aviles (Appellate Division of the Supreme Court of New York 1992)
People v. Dellamore (Appellate Division of the Supreme Court of New York 1992)

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

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The sole issue raised by defendant on this appeal from the denial of his suppression motion is that the testimony of the arresting officer should have been rejected, as a matter of law, as incredible; only if the officer’s testimony is credited was there probable cause for the search. Each of the three alleged inconsistencies between the officer’s testimony and prior accounts was brought out during the officer’s examination and *788 separately considered by the trier of fact, who concluded from his observation of the witness and review of the evidence that the officer’s testimony at the suppression hearing was credible. This is not a case where testimony is so flawed that findings as to a witness’s credibility made from the unique perspective of the trier of fact must be overridden (see, People v Reed, 64 NY2d 1144, 1147; People v Concepcion, 38 NY2d 211, 213).

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order affirmed in a memorandum.

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