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PEOPLE v. CANTY

55 A.D.3d 330 (2008)

864 N.Y.S.2d 426

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID CANTY, Appellant.

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

October 7, 2008.

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 evidence established that the officer saw defendant drinking from what the officer recognized as a beer bottle, in a public place, in violation of the Open Container Law...

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