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PEOPLE v. VAZQUEZ

6011 1247/08.

159 A.D.3d 517 (2018)

69 N.Y.S.3d 801

2018 NY Slip Op 01657

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANIBAL VAZQUEZ, Appellant.

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

Decided March 15, 2018.

The court properly denied defendant's motion to suppress photographs obtained from his cell phone, which was initially searched without a warrant upon defendant's arrest, and then searched pursuant to a warrant. The police already had probable cause to search defendant's cell phone based on an independent source, in that the victim told the police that defendant had shown her sexually explicit photographs in the course of his sexual...

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