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PEOPLE v. BROOKS

279 A.D.2d 429 (2001)

719 N.Y.S.2d 848

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT BROOKS, Also Known as DARRYL JOHNSON, Appellant.

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

Decided January 30, 2001.

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. Defendant's reliance upon trial testimony in attacking the suppression ruling is inappropriate because defendant did not seek to reopen the hearing based upon the testimony adduced at trial (see, People v Gonzalez, 55 N.Y.2d 720...

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