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PEOPLE v. LUNA

4351. 5625/14.

151 A.D.3d 619 (2017)

2017 NY Slip Op 05165

57 N.Y.S.3d 148

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELINIZA LUNA, Appellant.

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

Decided June 22, 2017.

The court properly denied defendant's suppression motion. The suppression issue in this case turns on the credibility of an officer's testimony that he smelled a strong odor of marijuana as he approached the car he had stopped, notwithstanding that the 10 pounds of marijuana he recovered was vacuum sealed in plastic bags and thus, according to defendant, could not have given off any detectable odor. There is no basis for disturbing...

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