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PEOPLE v. JOHNSON

16438, 2234/12.

134 A.D.3d 553 (2015)

20 N.Y.S.3d 887

2015 NY Slip Op 09361

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM JOHNSON, Appellant.

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

Decided December 17, 2015.

The court properly denied defendant's suppression motion. The hearing court, which had the advantage of seeing and hearing the arresting officer testify, credited his account of the incident, and we find no basis for disturbing that determination (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The events described by the officer were not so inherently implausible as to warrant a different...

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