PEOPLE v. COBB

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The PEOPLE, etc., respondent, v. Deval COBB, appellant.

Decided: March 09, 2010

JOSEPH COVELLO, J.P., HOWARD MILLER, THOMAS A. DICKERSON, and ARIEL E. BELEN, JJ. Lynn W.L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Andrew Werner of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered June 9, 2008, convicting him of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress physical evidence.

ORDERED that the judgment is affirmed.

“ ‘The credibility determinations of a hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record’ “ (People v. Moran, 68 A.D.3d 786, 787, 891 N.Y.S.2d 109, quoting People v. Martinez, 58 A.D.3d 870, 870-871, 873 N.Y.S.2d 128). Contrary to the defendant's contention, the testimony of the police detective at the suppression hearing was not incredible, patently tailored to nullify constitutional objections, or otherwise unworthy of belief (see People v. Cooks, 57 A.D.3d 796, 797, 870 N.Y.S.2d 80; People v. Cherry, 46 A.D.3d 834, 834, 848 N.Y.S.2d 283; People v. Hay, 37 A.D.3d 494, 494, 828 N.Y.S.2d 897; People v. Rivera, 27 A.D.3d 489, 490, 812 N.Y.S.2d 575).

Furthermore, the hearing court's determination that the police possessed probable cause to arrest the defendant was adequately supported by the record (see People v. Soto, 63 A.D.3d 512, 512-513, 880 N.Y.S.2d 475; People v. Scott-Heron, 11 A.D.3d 364, 364, 783 N.Y.S.2d 368; People v. Brown, 193 A.D.2d 612, 613, 597 N.Y.S.2d 171; People v. Guine, 173 A.D.2d 849, 849, 570 N.Y.S.2d 664). Accordingly, the Supreme Court properly denied that branch of the defendant's omnibus motion which was to suppress physical evidence.

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