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PEOPLE v. JOHNSON

21 A.D.3d 832 (2005)

801 N.Y.S.2d 153

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. KERON JOHNSON, Respondent.

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

September 27, 2005.

The court properly granted 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]). The court chose to discredit police testimony and it credited the defense witness's testimony. That finding was not manifestly...

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