Majority
— Judgment, Supreme Court, New York County (Altman, J., at pretrial suppression hearing; Bradley, J., at plea and sentence), rendered February 11, 1991, convicting defendant, upon his guilty plea, of attempted robbery in the second degree, and sentencing him to a term of 6 years to life, unanimously affirmed.
The testimony at the suppression hearing was not "inherently incredible or improbable” (People v Samuels, 68 AD2d 663 , 666, affd 50 NY2d 1035 , cert denied 449 US 984 ) or "manifestly erroneous” or "plainly unjustified by the evidence” (People v Garafolo, 44 AD2d 86 , 88). Findings of credibility by the hearing court are entitled to great deference on appeal (People v Samuels, supra). Further, the arrest, supported by probable cause, was not a sham, nor could it be made so because the police also hoped to obtain other informa
Cases cited
- People v. Samuels 68 AD2d 663 at 666 p. 627
- People v. Samuels 50 NY2d 1035 p. 627
- People v. Garafolo 44 AD2d 86 at 88 p. 627
- People v. Cypriano 73 AD2d 902 p. 628