PEOPLE v. HIGGINS


179 A.D.2d 778 (1992)

The People of the State of New York, Respondent, v. Valentino Higgins, Appellant

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

January 21, 1992


Ordered that the judgment is affirmed.

We reject the defendant's contention that the hearing court erred in denying that branch of his motion which sought suppression of a .22 caliber gun the defendant was charged with possessing because the arresting officer's testimony allegedly was incredible as a matter of law. The hearing court credited the testimony of the arresting officer that at one point he observed the handle of the gun protruding "half way out" of the...

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