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PEOPLE v. CRISTOBAL

136 A.D.2d 558 (1988)

The People of the State of New York, Respondent, v. Leon Cristobal, Appellant

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

January 11, 1988

Ordered that the judgment is affirmed.

The hearing court found that the defendant consented to the police entry into his apartment. In so finding, the court credited the witnesses for the People and specifically rejected the testimony of the defendant as unworthy of belief. It is settled that issues of credibility are primarily for the hearing court, whose determination will be upheld unless clearly erroneous (see

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