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PEOPLE v. STROMAN

83 A.D.2d 370 (1981)

The People of the State of New York, Respondent, v. Larry Stroman, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 3, 1981

Attorney(s) appearing for the Case

Susan Manca of counsel (William E. Hellerstein, attorney), for appellant.

Robert M. Carmen of counsel (Joyce P. Adolfsen with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for respondent.

MURPHY, P. J., BIRNS and ROSS, JJ., concur with LUPIANO, J.; SANDLER, J., concurs in the result only.

LUPIANO, J.

The critical issue on this appeal is whether the testimony of the police officers is incredible as a matter of law and represents a prevarication tailored to nullify constitutional objections. Both the Justice presiding over the suppression hearing and the jury at trial, as finders of fact, found the police officers to be credible witnesses and conversely found the defense version of the seizure of...

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