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PEOPLE v. BUTLER

300 A.D.2d 597 (2002)

751 N.Y.S.2d 866

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MACK BUTLER, Appellant.

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

Decided December 23, 2002.

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which sought to suppress the gun found in the basement of his residence as the fruit of a warrantless search. The determination of the hearing court, which saw and heard the witnesses, must be accorded great weight (see People v Prochilo, 41 N.Y.2d 759). Its findings of fact and determinations of credibility...

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