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PEOPLE v. CHERRY

30 A.D.3d 185 (2006)

816 N.Y.S.2d 450

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES CHERRY, Appellant.

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

June 8, 2006.

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]). The conduct of defendant and his companions in peering through a store window late at night, and entering the store separately, where they engaged the clerk in animated conversation, provided the officers, who had been...

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