People v Martin

People v Martin 2013 NY Slip Op 08137 Decided on December 5, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 5, 2013
Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Gische, JJ.
11284 989/12

[*1]The People of the State of New York, Appellant,

v

Gregory Martin, Defendant-Respondent.




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 our own fact findings for those under review unless the latter are plainly unjustified or clearly erroneous" (People v Greene, 84 AD3d 540, 541 [1st Dept 2011][internal quotation marks omitted]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 5, 2013

CLERK