PEOPLE v. SEBASTIAN


309 A.D.2d 954 (2003)

766 N.Y.S.2d 361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL SEBASTIAN, Appellant.

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

Decided October 27, 2003.


Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the hearing court properly denied those branches of his omnibus motion which were to suppress physical evidence recovered by a police officer and his statement made in the presence of the police. It is well settled that issues of credibility are within the province of the hearing court, which had the opportunity to see and hear the witnesses...

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