AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

THE PEOPLE, ETC., respondent, v. NEIL JETER, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

On August 24, 2001, at approximately 9:10 P.M., three plainclothes police officers in Brooklyn were in an unmarked minivan which was stopped at a red light when one of the officers observed the defendant on the sidewalk. That officer testified at a suppression hearing that he observed the defendant holding a handgun in his hand, apparently exhibiting it to another person. The area was well lit and the officer had an unobstructed view of the defendant and the weapon. Two of the officers exited the van and recovered the weapon from the defendant and then arrested him.

Great weight is generally accorded to the factual findings of the suppression court, which saw and heard the witness ( see People v. Prochilo, 41 N.Y.2d 759), and the issue of credibility is generally to be determined by the trier of fact ( see People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932). The officer's testimony was not "manifestly untrue, physically impossible, contrary to experience, or self-contradictory" ( People v. Garafolo, 44 A.D.2d 86, 88; see also People v. Singletary, 253 A.D.2d 532; People v. Murreld, 185 A.D.2d 826). Accordingly, we discern no basis in the record to disturb the suppression court's credibility determination, and the suppression court properly denied that branch of the defendant's motion which was to suppress the handgun.

The sentence imposed was not excessive ( see People v. Suite, 90 A.D.2d 80).

SMITH, J.P., GOLDSTEIN, ADAMS and TOWNES, JJ., concur.

Use AI to get other relevant cases.

Comments

PEOPLE v. JETER
(Apr 5, 2004)