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PEOPLE v. DUGAN

57 A.D.3d 300 (2008)

889 N.Y.S.2d 57

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL DUGAN, Appellant.

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

December 11, 2008.

The court properly denied defendant's motion to suppress the physical evidence recovered from his vehicle after it was stopped at a checkpoint. There is no basis for disturbing the credibility determinations made by a judicial hearing officer and adopted by the court (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), with regard to the circumstances of the checkpoint stop as well as the ensuing search.

The police testimony...

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