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PEOPLE v. BURGESS

114 A.D.2d 419 (1985)

The People of the State of New York, Respondent, v. Frank Burgess, Appellant

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

October 15, 1985

Judgment affirmed.

The sole issue raised by defendant is the credibility of the arresting officer during the suppression hearing. The hearing court (Felig, J.) credited the testimony of the arresting officer and found that there was probable cause to arrest defendant. Upon a review of the record we find no reason to overturn that determination. "Issues of credibility are primarily for the hearing court and its findings should...

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