PEOPLE v. MARSHALL


6 A.D.3d 237 (2004)

774 N.Y.S.2d 333

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT MARSHALL, Also Known as GREG MARSHALL, Appellant.

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

April 15, 2004.


The court properly denied defendant's suppression motion. 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]). There was clear and convincing evidence, including evidence offered as past recollection recorded and admitted by stipulation, establishing that defendant consented to the police...

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