PEOPLE v. MITCHELL


290 A.D.2d 518 (2002)

736 N.Y.S.2d 269

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RIMELL MITCHELL, Appellant.

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

Decided January 22, 2002.


Ordered that the judgment is affirmed.

The defendant contends that the matter should be remitted to the Supreme Court, Queens County, for a new suppression hearing as the Justice who presided at the hearing, and who is now deceased, failed to issue findings of fact and conclusions of law sufficient for appellate review (see, CPL 710.60 [6]), and the conflicting testimony presented a credibility issue which cannot be resolved on this record. This Court, however...

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