The People of the State of New York, Appellant, v. Gregory Martin, Defendant–Respondent. (2013)

Supreme Court, Appellate Division, First Department, New York.

The People of the State of New York, Appellant, v. Gregory Martin, Defendant–Respondent.

1128 4

Decided: December 05, 2013

Mazzarelli, J.P., Sweeny, DeGrasse, Freedman, Gische, JJ.

Robert T. Johnson, District Attorney, Bronx (Orrie A. Levy of counsel), for appellant. Steven Banks, The Legal Aid Society, New York (Svetlana M. Kornfeind of counsel), and White & Case LLP, New York (Kimberly A. Haviv of counsel), for respondent.

Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about September 21, 2012, which granted defendant's motion to suppress physical evidence and statements, unanimously affirmed.

There is no basis for disturbing the credibility determinations upon which the court granted suppression. “[T]he determination of the hearing court, which actually saw and heard the witnesses testify, is entitled to deference, and it is not our practice to substitute our own fact findings for those under review unless the latter are plainly unjustified or clearly erroneous” (People v. Greene, 84 AD3d 540, 541 [1st Dept 2011][internal quotation marks omitted] ).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network