PEOPLE v. WEST

2139, 3395/06

71 A.D.3d 435 (2010)

896 N.Y.S.2d 55

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK WEST, Appellant.

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

Decided March 4, 2010.


Defendant's suppression motion was properly denied. There is no reason to disturb the court's credibility determinations, which are supported by the record. The initial police questioning of defendant was based on a founded suspicion of criminality, created by defendant's presence in the lobby of a public housing apartment building known as a drug-prone location, and the officer's observations of defendant counting money and then immediately putting it in his pocket upon...

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