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PEOPLE v. MACK

4666, 1532/08.

82 A.D.3d 663 (2011)

920 N.Y.S.2d 316

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN MACK, Appellant.

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

Decided March 31, 2011.

The court properly denied defendant's motion to suppress physical evidence and statements. There is no basis for disturbing any of the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]).

The record supports the court's finding that an officer saw defendant picking up a pistol and placing it in his jacket pocket. This provided the officer with...

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