People v. Colon
| Decision Date | 14 June 2012 |
| Citation | 96 A.D.3d 540,2012 N.Y. Slip Op. 04832,946 N.Y.S.2d 468 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Eddie COLON, Defendant–Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Richard M. Greenberg, Office of the Appellate Defender, New York (Eunice C. Lee of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Allen J. Vickey of counsel), for respondent.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered November 9, 2010, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 3 1/2 years, unanimously affirmed.
The court properly denied defendant's motion to suppress physical evidence. There is no basis for disturbing the court's credibility determinations, including its resolution of any inconsistencies in testimony. At the hearing, the court had the opportunity to observe the physical evidence and determine whether the officer was able to observe contraband in plain view.
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...v. New York State Liquor Authority , 103 A.D.3d 1082, 962 N.Y.S.2d 430 (3d Dept. 2013); Colon v. City of New York Dept. Of Education , 96 A.D.3d 540, 946 N.Y.S.2d 468 (1st Dept. 2012); Matter of Parker v. Carrion, 90 A.D.3d 512, 935 N.Y.S.2d 14 (1st Dept. 2011); Café La China Corp. v. NYS L......
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Table of cases
...Colonno v. Executive I Assocs., A.D.2d 859, 644 N.Y.S.2d 105 (3d Dept. 1996), § 5:160 Colon v. City of New York Dept. Of Education , 96 A.D.3d 540, 946 N.Y.S.2d 468 (1st Dept. 2012), § 5:10 Colosi v. Foley, 48 A.D.3d 1160, 849 N.Y.S.2d 745 (4th Dept. 2008), §§ 1:380, 5:150 Coma v. City of N......
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Hearsay
...Oneonta v. New York State Liquor Authority , 103 A.D.3d 1082, 962 N.Y.S.2d 430 (3d Dept. 2013); Colon v. City of New York Dept. of Educ., 96 A.D.3d 540, 946 N.Y.S.2d 468 (1st Dept. 2012); Matter of Parker v. Carrion, 90 A.D.3d 512, 935 N.Y.S.2d 14 (1st Dept. 2011); Café La China Corp. v. NY......
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Hearsay
...Oneonta v. New York State Liquor Authority , 103 A.D.3d 1082, 962 N.Y.S.2d 430 (3d Dept. 2013); Colon v. City of New York Dept. of Educ., 96 A.D.3d 540, 946 N.Y.S.2d 468 (1st Dept. 2012); Matter of Parker v. Carrion, 90 A.D.3d 512, 935 N.Y.S.2d 14 (1st Dept. 2011); Café La China Corp. v. NY......