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PEOPLE v. BOCCEO

213 A.D.2d 278 (1995)

624 N.Y.S.2d 140

The People of the State of New York, Respondent, v. Juan Antonio Bocceo, Also Known as Juan Antonio, Also Known as Antonio Boccio, Also Known as Antonio Bocceo, Appellant

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

March 21, 1995

Contrary to defendant's contention, we do not find that the testimony of the arresting officer was incredible as a matter of law (see, People v Garafolo, 44 A.D.2d 86, 88). A discrepancy between the officer's testimony that, at the time of arrest, defendant was wearing a tan trench coat and a red baseball cap, and, a post-arrest photograph taken by that officer of defendant 18 hours later, while defendant was in the custody...

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