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PEOPLE v. SCOTT

5773. 1052/12.

158 A.D.3d 556 (2018)

68 N.Y.S.3d 879

2018 NY Slip Op 01243

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVIN SCOTT, Appellant.

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

Decided February 22, 2018.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The police account of the incident, which established probable cause for defendant's arrest, was not so implausible as to require a different conclusion (see e.g. People v Lewis, 136 A.D.3d 468 [1st Dept 2016...

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