PEOPLE v. SMITH


187 A.D.2d 267 (1992)

The People of the State of New York, Respondent, v. Mark Smith, Appellant

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

November 5, 1992


Defendant contends that the police officer's testimony at the suppression hearing was incredible as a matter of law, and that it is implausible that the police stopped the car in which defendant was a passenger solely to issue a summons for littering, after one of the officers observed a great deal of garbage thrown from the rear window. We find that the hearing court's findings of fact, crediting this testimony, are not so "manifestly erroneous" or "plainly unjustified"...

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