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The People of the State of New York v. Edward J. Casey

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS Appellate Term, Second Department


December 27, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
APPELLANT,
v.
EDWARD J. CASEY,
RESPONDENT.

Appeal from an order of the Justice Court of the Village of Harriman, Orange County (Christine K. Wienberg, J.), dated June 21, 2010.

People v Casey (Edward)

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on December 27, 2011

PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ

The order granted defendant's motion to suppress evidence.

ORDERED that the order is affirmed.

The People appeal from an order suppressing evidence after a hearing which, pursuant to the stipulation of the parties, was limited to the issue of whether there was probable cause to stop and detain defendant. The Justice Court credited defendant's wife's testimony that the arresting officer had initiated a traffic stop and that defendant had not committed any of the acts alleged by the arresting officer that might have afforded him a lawful basis to stop the vehicle. "'The credibility determinations of the [court] following a suppression hearing are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record'" (People v Spann, 82 AD3d 1013, 1014 [2011], quoting People v Smith, 77 AD3d 980, 981 [2010]). Here, we find no reason to disturb the credibility findings of the Justice Court. Accordingly, the order is affirmed.

Nicolai, P.J., LaCava and Iannacci, JJ., concur.

Decision Date: December 27, 2011

20111227

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