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PEOPLE v. BAPTISTE

192 A.D.2d 714 (1993)

597 N.Y.S.2d 146

The People of the State of New York, Respondent, v. Abraham Baptiste, Appellant

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

April 26, 1993

Ordered that the judgments and the amended judgment are affirmed.

We find unpersuasive the defendant's claim that the hearing testimony of the police officer to the effect that the butt of a handgun and "Stacks of money wrapped in [a] rubberband" were observed in plain view inside the defendant's car was incredible as a matter of law. Questions of credibility are primarily for the hearing court, and its determination is...

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