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PEOPLE v. DARBY

263 A.D.2d 112 (2000)

701 N.Y.S.2d 395

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. TERRENCE DARBY, Respondent.

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

January 18, 2000.

Attorney(s) appearing for the Case

James D. Gibbons of counsel (Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Richard M. Weinstein for respondent.

WILLIAMS and MAZZARELLI, JJ., concur with SAXE, J.; ROSENBERGER, J. P., and TOM, J., dissent in a separate opinion by ROSENBERGER, J. P.

OPINION OF THE COURT

SAXE, J.

The suppression of the controlled substances seized from defendant was based upon the hearing court's conclusion that a portion of the police officers' testimony was contradicted by expert testimony, and its consequent rejection of that aspect of the officers' testimony. We conclude that the expert's testimony did not contradict the officers' observations, and that therefore rejection of their testimony was unnecessary and unwarranted...

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