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PEOPLE v. KINDELL

16111, 2249/11.

148 A.D.3d 456 (2017)

2017 NY Slip Op 01780

49 N.Y.S.3d 116

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EUGENE KINDELL, Appellant.

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

Decided March 9, 2017.

This Court previously held this appeal in abeyance pending a reopened suppression hearing (135 A.D.3d 423 [1st Dept 2016]). Upon remand, the court conducted the reopened hearing and again denied defendant's suppression motion. The record supports that determination. There is no basis for disturbing the court's credibility determinations. The evidence credited by the hearing court establishes that the search and seizure was lawful under...

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