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PEOPLE v. MIDDLETON

4204. 3122/13.

151 A.D.3d 491 (2017)

2017 NY Slip Op 04554

57 N.Y.S.3d 30

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WAYNE MIDDLETON, Appellant.

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

Decided June 8, 2017.

The court properly denied defendant's suppression motion. The police had probable cause to believe that defendant was acting in concert with the codefendant in stealing money from a purse set up by the police as a decoy in a large toy store (see e.g. People v Arriaga, 204 A.D.2d 96 [1st Dept 1994]). Viewed in totality, the only reasonable explanation of the two defendants' course of conduct was that they were a team of thieves. They...

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