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PEOPLE v. PERALTA

245 A.D.2d 573 (1997)

666 N.Y.S.2d 738

The People of the State of New York, Appellant, v. Ambierix Peralta, Respondent

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

December 29, 1997

Ordered that the order is affirmed.

We find unpersuasive the People's contention that the contraband recovered from under the hood of the vehicle that the defendant was operating should have been ruled admissible pursuant to the plain view doctrine (see generally, People v Beriguette, 84 N.Y.2d 978; People v Diaz, 81 N.Y.2d 106, 110; People v Basilicato,

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