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PEOPLE v. HERNANDEZ

214 A.D.2d 338 (1995)

625 N.Y.S.2d 26

The People of the State of New York, Respondent, v. Carlos Hernandez, Appellant

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

April 6, 1995

Findings of credibility by the hearing court are entitled to much weight on appeal (People v Prochilo, 41 N.Y.2d 759, 761). The hearing court properly credited police testimony that defendant consented to their entry and search of the apartment. After entering the apartment, and under the circumstances present herein, the officers were entitled to frisk defendant to ensure their safety...

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