People v. Moore
| Decision Date | 07 November 2018 |
| Docket Number | Ind. No. 10506/12,2014–01521 |
| Parties | The PEOPLE, etc., Respondent, v. Wayne MOORE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
166 A.D.3d 654
86 N.Y.S.3d 224
The PEOPLE, etc., Respondent,
v.
Wayne MOORE, Appellant.
2014–01521
Ind. No. 10506/12
Supreme Court, Appellate Division, Second Department, New York.
Argued—June 12, 2018
Decided November 7, 2018
Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Kew Gardens, Ellen C. Abbot, Jamaica, and Timothy R. McGrath of counsel), for respondent.
MARK C. DILLON, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Joel L. Blumenfeld, J.), rendered January 10, 2014, convicting him of criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence. The appeal brings up for review the denial, after a hearing (Steven Paynter, J.), of those branches of the defendant's omnibus motion which were to suppress physical evidence and his statement to law enforcement officials.
ORDERED that the judgment is affirmed.
The Supreme Court properly denied those branches of the defendant's omnibus motion which were to suppress cocaine recovered from the defendant's person and a statement made by the defendant to law enforcement officers. "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. Barnes, 129 A.D.3d 981, 982, 11 N.Y.S.3d 669 [internal quotation marks omitted]; see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380 ). The arresting officer testified at the suppression hearing that he detected the odor of marijuana from the vehicle in which the defendant was riding before he was arrested, and that the officer observed the defendant conceal contraband in his pants. Contrary to the defendant's contention, the officer's testimony was not incredible as a matter of law, as it was not "manifestly untrue, physically impossible,...
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