PEOPLE v. JENKINS


31 A.D.3d 665 (2006)

818 N.Y.S.2d 299

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN JENKINS, Appellant.

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

July 18, 2006.


Ordered that the judgment is affirmed.

Although the defense witness testified at a pretrial hearing to controvert a search warrant that he did not make certain statements a detective attributed to him in the warrant application, the hearing court implicitly found that his testimony was not credible. This credibility assessment is entitled to great weight on appeal and will not be disturbed unless clearly unsupported by the record (see People v Nunziata,

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