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PEOPLE v. RODRIGUEZ

13 A.D.3d 257 (2004)

786 N.Y.S.2d 175

THE PEOPLE OF THE STATE OF NEW YORK, Respondent v. ATAHUALPA RODRIGUEZ, Appellant.

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

December 21, 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]). During the processing of an arrest, the arrestee's cell phone was on a table along with other property recovered from his person. When the phone rang, the arrestee volunteered "that is probably the guy with the stuff...

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