| People v Cooks |
| 2008 NY Slip Op 10018 [57 AD3d 796] |
| December 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v KashoneCooks, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Andrea M. DiGregorio of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Donnino, J.),rendered October 25, 2006, convicting him of criminal possession of a controlled substance in the thirddegree and criminal possession of a weapon in the third degree, upon his plea of guilty, and imposingsentence. The appeal brings up for review the denial, after a hearing (Peck, J.), of that branch of thedefendant's omnibus motion which was to suppress physical evidence.
Ordered that the judgment is affirmed.
The defendant seeks to vacate his plea of guilty by challenging the Supreme Court's denial, madeafter an evidentiary hearing, of that branch of his omnibus motion which was to suppress physicalevidence. The "credibility determinations of a hearing court are accorded great deference on appeal andwill not be disturbed unless clearly unsupported by the record" (People v Umadat, 29 AD3d 830 [2006]; see People v Bhattacharjee, 51 AD3d684 [2008]; People v Wynter, 48AD3d 492 [2008]). Here, according deference to the credibility determinations of the hearingcourt, it cannot be said that the detective's testimony at the pretrial Mapp/Dunaway hearing(see Mapp v Ohio, 367 US 643 [1961]; Dunaway v New York, 442 US 200 [1979])was incredible as a matter of law, patently tailored to nullify constitutional objections, or otherwiseunworthy of belief (see People v Rivera,27 AD3d 489, 490 [2006]; People v Curry, 213 AD2d 664 [1995]). Skelos, J.P.,Santucci, Dillon and Covello, JJ., concur.