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People v. McCovey

281 A.D.2d 644 Court N.Y. App. Div. Decision date 2001-03-26 English

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p. 644
The People of the State of New York, Appellant, v Temeen McCovey, Respondent.
[722 NYS2d 394]

—Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated June 22, 2000, which, after a hearing, granted that branch of the defendant’s omnibus motion which was to suppress physical evidence.

Ordered that the order is affirmed.

The factual findings and credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see, People v Prochilo, 41 NY2d 759 , 761; People v Jakins, 277 AD2d 328 ; People v Rose, 204 AD2d 745 ). The hearing minutes support the granting of that branch of the respondent’s motion which was to suppress the physical evidence (see, People v Howard, 50 NY2d 583 ; People v Boodle, 47 NY2d 398 ). O’Brien, J. P., Krausman, Florio and Schmidt, JJ., concur.

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