PEOPLE v. MOSS

6128, 3660/07.

89 A.D.3d 600 (2011)

933 N.Y.S.2d 258

2011 NY Slip Op 8479

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDREW MOSS, Appellant.

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

Decided November 22, 2011.


The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its evaluation of the arresting officer's use of documents to refresh his recollection.

Defendant claims that the arresting officer, who testified to the detailed radioed description on which he relied, and then testified that defendant matched that description, was also required to testify as to defendant's actual appearance...

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