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PEOPLE v. MAYLOR

184 A.D.2d 371 (1992)

The People of the State of New York, Respondent, v. Gladstone Maylor, Appellant

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

June 18, 1992

The arresting officer testified that he observed defendant from a distance of 30 to 40 feet deliver to the codefendant, in plain view in a public concourse, a clear plastic bag containing white powder. This testimony was not so "`inherently incredible or improbable'" as to warrant disturbing the suppression court's determination of credibility (People v Benitez, 162 A.D.2d 100, 101; see also, People v Fonte,

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