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PEOPLE v. ARRIAGA

309 A.D.2d 544 (2003)

765 N.Y.S.2d 314

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY ARRIAGA, Appellant.

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

Decided October 7, 2003.

The court properly denied defendant's suppression motion in all respects. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]).

Defendant's warrantless arrest in his apartment was properly based on exigent circumstances, given the seriousness of the crime (which involved the firing of a gun and a threat to kill the complainant...

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