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PEOPLE v. SMITH

Nos. 7776, 5931N/08.

95 A.D.3d 738 (2012)

945 N.Y.S.2d 85

2012 NY Slip Op 4101

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SMITH, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 29, 2012.

The court properly denied defendant's suppression motion. The court credited the testimony of two police officers that defendant, upon becoming startled by their presence, spontaneously and voluntarily dropped a plastic bag containing crack cocaine, and there is no basis to disturb the court's credibility determinations (see generally People v Prochilo, 41 N.Y.2d 759, 761 [1977]). There is nothing in the record to support the conclusion...

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