Barry Kamins. Photo by Rick Kopstein Appellate Review of Credibility Determinations at Suppression Hearings
In People v. Nettles, an appellate court has, for the first time, reversed a credibility determination made at a Darden hearing, writes Criminal Law and Procedure columnist Barry Kamins.
October 05, 2020 at 12:21 PM
7 minute read
While it is axiomatic that appellate courts will give great deference to credibility determinations made at a suppression hearing, on occasion an appellate court will reverse a lower court's ruling on the issue of credibility. In People v. Nettles, 2020 N.Y. Slip Op 04776 (2d Dep't 2020), an appellate court has, for the first time, reversed a credibility determination made at a Darden hearing.
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