PEOPLE v. CLOUGH


70 A.D.3d 474 (2010)

895 N.Y.S.2d 52

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RUSSELL CLOUGH, Respondent.

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

Decided February 11, 2010.


Although the People seek to justify the search at issue under the automobile exception to the warrant requirement, the only evidence that such a search actually occurred was expressly discredited by the hearing court.

"The hearing court plainly had doubts about the credibility of the police witness[], and we will not substitute our own findings on credibility unless the fact findings under review are plainly unjustified or clearly erroneous" (People v Corbin,<...

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