PEOPLE v. DELGADO


118 A.D.2d 580 (1986)

The People of the State of New York, Respondent, v. Nicholas Delgado, Appellant

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

March 3, 1986


Judgment affirmed.

In resolving the conflicting testimony of the People's and the defendant's witnesses, issues of credibility are for the determination of the hearing court, "and its findings should be upheld unless they are clearly erroneous" (People v Armstead, 98 A.D.2d 726). Here, the court found credible the testimony of the arresting officer that he observed a passenger...

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