People v Dickerson
2007 NY Slip Op 09240 [45 AD3d 778]
November 20, 2007
Appellate Division, Second Department
As corrected through Wednesday, January 16, 2008


The People of the State of New York,Respondent,
v
Stanley Dickerson, Appellant.

[*1]

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andMerri Turk Lasky of counsel; Michelle Kaszuba on the brief), forrespondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.),rendered March 28, 2006, convicting him of criminal possession of a weapon in the seconddegree, upon his plea of guilty, and imposing sentence. The appeal brings up for review thedenial, after a hearing (Blumenfeld, J.), of that branch of the defendant's omnibus motion whichwas to suppress physical evidence.

Ordered that the judgment is affirmed.

The resolution of issues of credibility made by a hearing court is entitled to great deferenceon appeal, and will not be disturbed unless it is "manifestly erroneous" (People v Sutherland, 40 AD3d890, 891 [2007]) or "clearly unsupported by the record" (People v Cameron, 6 AD3d 546, 546 [2004]; see People v Santiago, 18 AD3d675, 675-676 [2005]). Contrary to the defendant's contention, the record in this case supportsthe hearing court's determination to credit the police officer's testimony. Accordingly, that branchof the defendant's omnibus motion which was to suppress physical evidence was properly denied.Schmidt, J.P., Rivera, Santucci and Balkin, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.