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PEOPLE v. SANCHEZ

183 A.D.2d 682 (1992)

The People of the State of New York, Respondent, v. Ernest Sanchez, Appellant

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

May 28, 1992

Nothing in the record is "`inherently incredible or improbable'" (People v Benitez, 162 A.D.2d 100, 101), which would warrant disturbing the suppression court's determination based on testimony presented by the People. Moreover, the propriety of the denial of a motion to suppress must be based exclusively on evidence before the suppression court, notwithstanding that some testimony presented at trial may

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