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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOBIE OVERTON, Appellant.

Judgment affirmed.

Upon a review of the record we find no basis to warrant interference with the factual determinations made at the defendant's combined Mapp and Huntley hearing. The hearing court resolved the issue of credibility against the defendant based upon its opportunity to assess the demeanor of the witnesses and to weigh the testimony first hand (see, People v Armstead, 98 A.D.2d 726; People v Vail, 90 A.D.2d 917). Mollen, P.J., Weinstein, Lawrence and Kunzeman, JJ., concur.

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PEOPLE v. OVERTON
(Sep 22, 1986)