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PEOPLE v. HINCAPIE

217 A.D.2d 401 (1995)

629 N.Y.S.2d 416

The People of the State of New York, Respondent, v. Johnny Hincapie, Appellant

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

July 6, 1995

Accepting the hearing court's determinations of credibility (People v Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734), the record supports the hearing court's findings that the police were invited into defendant's residence by a person of requisite authority (People v Cosme, 48 N.Y.2d 286), and that defendant could not have reasonably believed he was under arrest when he agreed to...

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