| People v Cherry |
| 2007 NY Slip Op 10169 [46 AD3d 834] |
| December 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Gamel Cherry, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.),rendered July 29, 2003, convicting him of assault in the first degree, upon a jury verdict, andimposing sentence. The appeal brings up for review the denial, after a hearing, of that branch ofthe defendant's omnibus motion which was to suppress identification testimony. By decision andorder dated February 7, 2006, this Court remitted the matter to the Supreme Court, KingsCounty, for a de novo suppression hearing and a report thereafter on that branch of thedefendant's omnibus motion which was to suppress identification testimony, and held the appealin abeyance in the interim (see People vCherry, 26 AD3d 342 [2006]). The Supreme Court, Kings County, has now filed itsreport.
Ordered that the judgment is affirmed.
A hearing court's credibility determinations are accorded great deference on appeal and willnot be disturbed unless clearly unsupported by the record (see People v Hay, 37 AD3d 494 [2007]). Contrary to the appellant'scontention, the testimony of the police officers at the suppression hearing was neither incrediblenor patently tailored to nullify constitutional objections (id.; see People v Umadat, 29 AD3d 830 [2006]). Accordingly, theSupreme Court properly denied that branch of the defendant's omnibus motion which was tosuppress identification testimony.
The defendant's remaining contention is unpreserved for appellate review and, in any event,without merit. Schmidt, J.P., Mastro, Krausman and Covello, JJ., concur.