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PEOPLE v. MILLER

19 A.D.3d 325 (2005)

799 N.Y.S.2d 23

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KIRK MILLER, Appellant.

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

June 30, 2005.

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]). It is undisputed that the police had probable cause to arrest defendant based on their observation that he had removed drugs from one of his bags and passed them to another person. When defendant, after being arrested...

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