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PEOPLE v. SIMMON

9013, 1289/14.

171 A.D.3d 557 (2019)

98 N.Y.S.3d 180

2019 NY Slip Op 02952

The People of the State of New York, Respondent, v. Servicio Simmon, Appellant.

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

Decided April 18, 2019.

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]), including its finding, after reviewing conflicting testimony, that the police entered defendant's apartment only after obtaining the voluntary consent of another occupant, who answered the door. Furthermore, it was permissible for the officers to proceed...

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