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PEOPLE v. GONZALEZ

298 A.D.2d 133 (2002)

747 N.Y.S.2d 511

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL GONZALEZ, Appellant.

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

Decided October 3, 2002.

The court properly denied suppression of physical evidence and statements. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761). The officers' actions following the lawful cab stop were entirely lawful. When the sergeant first observed through the rear window that defendant, a passenger in the rear seat, was acting nervously and...

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