PEOPLE v. MARTIN


2013 NY Slip Op 08137

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. GREGORY MARTIN, Respondent.

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

January 29, 2014.


Attorney(s) appearing for the Case

Robert T. Johnson , District Attorney, Bronx ( Orrie A. Levy of counsel), for appellant.

Steven Banks , The Legal Aid Society, New York ( Svetlana M. Kornfeind of counsel), and White & Case LLP, New York ( Kimberly A. Haviv of counsel), for respondent.


Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about September 21, 2012, which granted defendant's motion to suppress physical evidence and statements, unanimously affirmed.

There is no basis for disturbing the credibility determinations upon which the court granted suppression. "[T]he determination of the hearing court, which actually saw and heard the witnesses testify, is entitled to deference, and it is not our practice to substitute...

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