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People v. Abreu

196 A.D.2d 717 Court N.Y. App. Div. Decision date 1993-09-16 English

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p. 717
The People of the State of New York, Respondent, v Pedro Abreu, Appellant.
[603 NYS2d 719]

Judgment, Supreme Court, New York County (Juanita Bing Newton, J.), rendered January 28, 1991, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to 5 years probation, unanimously affirmed.

According the hearing court’s determination of credibility appropriate weight (People v Prochilo, 41 NY2d 759 , 761;

p. 718
People v Hernandez, 172 AD2d 466 , lv denied 78 NY2d 1077 ), we conclude that the officer’s testimony that he saw the butt of a gun in defendant’s waist is not incredible as a matter of law, and was not tailored to overcome constitutional objections (see, People v Garafolo, 44 AD2d 86 , 88). Concur—Rosenberger, J. P., Wallach, Asch and Rubin, JJ.

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