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PEOPLE v. BENITEZ

162 A.D.2d 100 (1990)

The People of the State of New York, Respondent, v. Jose Benitez, Appellant

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

June 5, 1990

On appeal, defendant claims that the identification testimony should have been suppressed. Great weight must be accorded the determination of the hearing court, with its particular advantage of having seen and heard the witnesses (People v Prochilo, 41 N.Y.2d 759, 761), and its determination will not be disturbed unless the testimony presented by the People is "inherently incredible or...

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