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PEOPLE v. CRUZ

5849 4761/14.

159 A.D.3d 403 (2018)

69 N.Y.S.3d 651

2018 NY Slip Op 01387

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN CRUZ, Appellant.

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

Decided March 1, 2018.

The court properly denied defendant's suppression motion. The hearing court saw and heard the witnesses, and there is no basis for disturbing its credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), including those relating to a detective's ability to observe an apparent drug transaction. The credible testimony established that the detective had probable cause to arrest defendant at the outset of the pursuit...

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