People v. Egbert

Appellate Division of the Supreme Court of New York

People v. Egbert

265 A.D.2d 800, 696 N.Y.S.2d 738, 1999 N.Y. App. Div. LEXIS 9819

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1999·Published

Opinion

—Judgment unanimously affirmed. Memorandum: County Court did not err in denying defendant’s suppression motion. The hearing court’s evaluation of credibility is entitled to great weight, and the court’s determination will not be disturbed where, as here, it is supported by the record (see, People v Prochilo, 41 NY2d 759, 761; People v Little, 259 AD2d 1031; People v Henry, 242 AD2d 877, lv denied 91 NY2d 834). (Appeal from Judgment of Ontario County Court, Harvey, J. — Burglary, 2nd Degree.) Present — Denman, P. J., Pine, Hayes, Hurlbutt and Callahan, JJ.

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—Judgment unanimously affirmed. Memorandum: County Court did not err in denying defendant’s suppression motion. The hearing court’s evaluation of credibility is entitled to great weight, and the court’s determination will not be disturbed where, as here, it is supported by the record (see, People v Prochilo, 41 NY2d 759, 761; People v Little, 259 AD2d 1031; People v Henry, 242 AD2d 877, lv denied 91 NY2d 834). (Appeal from Judgment of Ontario County Court, Harvey, J. — Burglary, 2nd Degree.) Present — Denman, P. J., Pine, Hayes, Hurlbutt and Callahan, JJ.

People v. Egbert, 265 A.D.2d 800, 696 N.Y.S.2d 738, 1999 N.Y. App. Div. LEXIS 9819 (N.Y. Ct. App. 1999).

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Opinion

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