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PEOPLE v. ALVAREZ

294 A.D.2d 219 (2002)

741 N.Y.S.2d 853

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS ALVAREZ, Appellant.

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

Decided May 21, 2002.

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 (see, People v Prochilo, 41 N.Y.2d 759, 761). The credible evidence clearly established that defendant abandoned the suitcase in question.

Defendant's conviction should be modified to the extent indicated in order...

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