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PEOPLE v. JAMES

231 A.D.2d 428 (1996)

648 N.Y.S.2d 2

The People of the State of New York, Respondent, v. Michael James, Appellant

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

September 17, 1996

Contrary to defendant's contention, the surveilling officer's testimony that, through high-powered binoculars from a distance of 125 to 130 feet and under adequate lighting, he saw a vial of crack cocaine in the hand of a person who had just handed defendant some money, is not inherently incredible or manifestly untrue, and accordingly defendant's motion to suppress was properly denied (see, People v Sioba, 187 A.D.2d 317...

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