PEOPLE v. CRUZ


158 A.D.2d 293 (1990)

The People of the State of New York, Respondent, v. Julio Cruz, Appellant

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

February 6, 1990


Mindful that much weight is to be accorded the determination of the suppression court with its peculiar advantage of having seen and heard the witnesses (People v Prochilo, 41 N.Y.2d 759, 761), we do not interfere with the hearing court's factual findings crediting the arresting officer's testimony that he stopped, frisked and arrested defendant only after observing him with a gun. This testimony was not so inconsistent with prior...

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