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MATTER OF DANTE B.

58 A.D.3d 577 (2009)

873 N.Y.S.2d 8

In the Matter of DANTE B., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

January 29, 2009.

The court properly denied appellant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The arresting officer heard shots fired and then saw defendant in extremely close temporal and spatial proximity to the gunfire. Defendant had a bulge in his waistband suggestive of a firearm, and was making adjustments to that area. These circumstances...

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