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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GAMEL CHERRY, Appellant.

Ordered that the judgment is affirmed.

A hearing court's credibility determinations are accorded great deference on appeal and will not be disturbed unless clearly unsupported by the record ( see People v Hay, 37 AD3d 494). Contrary to the appellant's contention, the testimony of the police officers at the suppression hearing was neither incredible nor patently tailored to nullify constitutional objections ( id.; see People v Umadat, 29 AD3d 830). Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress identification testimony.

The defendant's remaining contention is unpreserved for appellate review and, in any event, without merit.

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PEOPLE v. CHERRY
(Dec 18, 2007)