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PEOPLE v. ELLEBY

194 A.D.2d 312 (1993)

598 N.Y.S.2d 242

The People of the State of New York, Respondent, v. Steve Elleby, Appellant

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

June 3, 1993

Defendant's suppression motion was appropriately denied. Since there is no ground to find the testimony of the police witnesses "patently tailored to nullify constitutional objections" (People v Miret-Gonzalez, 159 A.D.2d 647, 649, lv denied 76 N.Y.2d 739), it was for the hearing court to resolve any question of credibility and its resolution will not be disturbed on appeal (see, People v Smith,

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