PEOPLE v. BOWEN (2023)

Order (Shari Ruth Michels, J.), dated February 18, 2022, affirmed.

The court properly granted defendant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 [1977]). The court chose to discredit police testimony because the officer's observations were “plainly belied by what is depicted on the ․ [officer's] body-worn camera video as well as ․ the I.D.T.U video.” That finding was supported by the record and was not manifestly erroneous (see People v Martin, 112 AD3d 453, 454 [2013]; People v Johnson, 21 AD3d 832 [2005]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

Per Curiam.

All concur.