People v. Fonte

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before CARRO
• Citation: People v. Fonte, 552 N.Y.S.2d 623, 159 A.D.2d 346 (N.Y. App. Div. 1990)
• Decision Date: 20 March 1990
• Parties: The PEOPLE of the State of New York, Respondent, v. Miguel FONTE, Defendant-Appellant.

Page 623

552 N.Y.S.2d 623

159 A.D.2d 346

The PEOPLE of the State of New York, Respondent, v. Miguel FONTE, Defendant-Appellant.

Supreme Court, Appellate Division First Department.

March 20, 1990.

P. Curran, for respondent.

S. Bennett, for defendant-appellant.

Before CARRO, J.P., and KASSAL, ELLERIN, WALLACH and RUBIN, JJ.

MEMORANDUM DECISION.

Judgment of the Supreme Court, New York County (John A.K. Bradley, J. at suppression hearing and at bench trial), rendered December 16, 1987, convicting defendant of four counts of robbery in the first degree, two counts of robbery in the second degree and one count of assault in the first degree, and sentencing him to four indeterminate terms of imprisonment of ten to twenty years and three indeterminate terms of imprisonment of six to twelve years, all of which run concurrently, is unanimously affirmed.

The dispositive issue on appeal is the determination of the witnesses' credibility. The court was faced with two versions of how the detectives gained warrantless entry into defendant's apartment, properly accepted that of the officers.

We affirm the hearing court's determination of credibility. Pertinent is the principle that credibility is best determined in the crucible of the courtroom (People v. Wright, 71 A.D.2d 585, 418 N.Y.S.2d 586) and the recognition that there is always the possibility of...