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PEOPLE v. HANDY

15 A.D.3d 170 (2005)

788 N.Y.S.2d 603

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAUN HANDY, Appellant.

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

February 1, 2005.

Defendant's motion to suppress was properly denied. 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 [1977]). The record establishes that when the police approached the parked livery cab in which defendant was sitting, there was no forcible seizure of any kind (see People v Ocasio, 85 N.Y.2d 982

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