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PEOPLE v. ANTONIO RODRIGUEZ

52 A.D.3d 319 (2008)

859 N.Y.S.2d 189

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE ANTONIO RODRIGUEZ, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS VARGAS, Appellant.

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

Decided June 12, 2008.

The hearing court properly denied defendants' suppression motions. The court, which saw and heard the witnesses, credited testimony that an officer smelled and observed marijuana during a lawful traffic stop. 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 trial court properly exercised its discretion in accepting...

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