PEOPLE v. CLEMENTS


84 A.D.2d 707 (1981)

The People of the State of New York, Appellant, v. Michael Clements, Respondent

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

November 17, 1981


CPL 710.60 (subd 4) requires that the hearing court make findings of fact essential to the determination of the motion before it. Here the police officer and the defendant testified in a contradictory manner as to critical facts. The court stated, "I find that, I believe both witnesses are credible witnesses. The problem that must be resolved is a question of law * * * assuming that the officer's testimony is correct as he stated it". Where the testimony of the witnesses...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases