PEOPLE v. MENA

5607, 29/08

87 A.D.3d 946 (2011)

930 N.Y.S.2d 7

2011 NY Slip Op 6653

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER MENA, Appellant.

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

Decided September 29, 2011.


Initially, we note that defendant's present claim is unpreserved. The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations.

At the suppression hearing, the police officers testified that during a lawful car stop, they detected the odor of marijuana emanating from the vehicle; moreover, the codefendant admitted to police officers that he and defendant had been smoking marijuana earlier in the...

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