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PEOPLE v. VARGAS

170 A.D.2d 317 (1991)

The People of the State of New York, Respondent, v. Ramon Vargas, Appellant

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

February 21, 1991

We reject defendant's argument that the testimony of the police officers at the suppression hearing is incredible as a matter of law. The People met their burden of showing the legality of the police conduct by offering evidence that the officers were lawfully in the hallway in an apartment building when they observed what they believed was contraband, in plain view, through an open apartment door. (People v Quinones,

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