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PEOPLE v. CAVINESS

4379/14, 10110A, 5030/14, 10110.

176 A.D.3d 522 (2019)

108 N.Y.S.3d 838

2019 NY Slip Op 07494

The People of the State of New York, Respondent, v. Michael Caviness, Appellant.

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

Decided October 17, 2019.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Amith Gupta of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Ellen Stanfield Friedman of counsel), for respondent.

Concur—Friedman, J.P., Renwick, Kapnick, Gesmer, Kern, JJ.

With respect to defendant's drug conviction, we find that the court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The hearing evidence established probable cause for defendant's arrest.

With respect to the weapon conviction, involving a gravity knife, the People,...

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