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PEOPLE v. FONG

233 A.D.2d 115 (1996)

649 N.Y.S.2d 412

The People of the State of New York, Respondent, v. Jose Fong, Appellant

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

November 7, 1996

Giving due deference to the hearing court's credibility determinations (People v Fonte, 159 A.D.2d 346, lv denied 76 N.Y.2d 734), we find that defendant could not have reasonably believed he was under arrest when asked whether he had a driver's license and paperwork for the car that he was ultimately convicted of unlawfully possessing (People v Yukl, 25 N.Y.2d 585, cert denied...

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