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PEOPLE v. CHACON

114 A.D.2d 465 (1985)

The People of the State of New York, Respondent, v. Felipe Chacon, Also Known as John Doe, Also Known as Rafael Rodriguez, Also Known as Luis Vanegras, Also Known as Carlos Rodriguez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 21, 1985

Judgment affirmed.

Defendant was convicted primarily upon the testimony of the arresting officer whose testimony was not incredible as a matter of law (see, People v Gruttola, 43 N.Y.2d 116, 122). The trial court acted within its discretion when it sentenced the defendant to the maximum term of imprisonment since the facts and circumstances of this case did not warrant leniency

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