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PEOPLE v. NEAL

3864, 3002/08.

79 A.D.3d 523 (2010)

913 N.Y.S.2d 192

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD NEAL, Appellant.

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

Decided December 14, 2010.

The court properly denied defendant's suppression motion. We perceive no basis to overturn the hearing court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The officer testified that upon seeing a clip and the top part of the handle of the knife protruding out of defendant's pocket, he believed, based on his training and experience, that more likely than not it was a gravity knife.

The...

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