PEOPLE v. MONTERO


284 A.D.2d 159 (2001)

726 N.Y.S.2d 102

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JUAN MONTERO, Appellant.

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

Decided June 12, 2001.


Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record.

When the vehicle in which defendant was a passenger drove past two unmarked cars with its headlights off at about 10 P.M., the driver's eyes opened wide, suggesting that he recognized the four men seated in the unmarked cars to be plainclothes officers. Both police cars then turned and followed the vehicle...

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