PEOPLE v. JAMES


19 A.D.3d 617 (2005)

798 N.Y.S.2d 483

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHERRON JAMES, Appellant.

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

June 20, 2005.


Ordered that the judgment and the amended judgment are affirmed.

Contrary to the defendant's contention, the hearing testimony of a police officer that he observed the muzzle of a handgun in plain view inside the defendant's vehicle after stopping the vehicle for a traffic violation was not incredible as a matter of law. "Questions of credibility are primarily for the hearing court, and its determination is entitled to great deference on appeal unless it is clearly...

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