Majority
p. 323The People of the State of New York, Respondent, v Ericander Stevenson, Appellant. [638 NYS2d 639]
Defendant’s motion to suppress was properly denied upon the ground that the police had probable cause to arrest him once defendant fired a gun at them. With deference to the hearing court’s role in resolving issues of credibility (see, People v Prochilo, 41 NY2d 759 , 761), we find that the officer’s testimony that defendant had fired a gun was not incredible (see, People v Garafolo, 44 AD2d 86 , 88). Concur — Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.
Cases cited
- People v. Garafolo 44 AD2d 86 at 88 p. 323