People v. Gardner

Appellate Division of the Supreme Court of New York

People v. Gardner

220 A.D.2d 613, 633 N.Y.S.2d 969, 1995 N.Y. App. Div. LEXIS 10277

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 16, 1995

StatusPublished

Cited by2 cases

This text of 220 A.D.2d 613 (People v. Gardner) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gardner, 220 A.D.2d 613, 633 N.Y.S.2d 969, 1995 N.Y. App. Div. LEXIS 10277 (N.Y. Ct. App. 1995).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered February 15, 1994, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the branch of the defendant’s omnibus motion which was to suppress physical evidence.

[614]*614Ordered that the judgment is affirmed.

The hearing court’s determination of issues of credibility is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence (see, People v Prochilo, 41 NY2d 759; People v Almodovar, 168 AD2d 454). The police officer’s testimony at the suppression hearing in this case that the defendant threw away his weapon as the officer exited his patrol car is not incredible as a matter of law (see, People v Boone, 183 AD2d 721). In addition, we note that the defendant abandoned the weapon prior to being approached by the officer (see, People v Aybar, 162 AD2d 283; People v Williams, 123 AD2d 652). Mangano, P. J., Balletta, Pizzuto and Santucci, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Grajales, J.), rendered February 15, 1994, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of the branch of the defendant’s omnibus motion which was to suppress physical evidence.

[614]*614Ordered that the judgment is affirmed.

The hearing court’s determination of issues of credibility is accorded great weight on appeal and should not be disturbed unless clearly unsupported by the evidence (see, People v Prochilo, 41 NY2d 759; People v Almodovar, 168 AD2d 454). The police officer’s testimony at the suppression hearing in this case that the defendant threw away his weapon as the officer exited his patrol car is not incredible as a matter of law (see, People v Boone, 183 AD2d 721). In addition, we note that the defendant abandoned the weapon prior to being approached by the officer (see, People v Aybar, 162 AD2d 283; People v Williams, 123 AD2d 652). Mangano, P. J., Balletta, Pizzuto and Santucci, JJ., concur.

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Bluebook (online)

220 A.D.2d 613, 633 N.Y.S.2d 969, 1995 N.Y. App. Div. LEXIS 10277, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gardner-nyappdiv-1995.

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