PEOPLE v. JEAN

11472. 4206/16.

183 A.D.3d 405 (2020)

121 N.Y.S.3d 603

2020 NY Slip Op 02712

The People of the State of New York, Respondent, v. Vladimir Jean, Appellant.

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

Decided May 7, 2020.


The hearing court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, including its finding that an officer testified credibly about his observation, after an undisputedly lawful stop of defendant's car, of a firearm in plain view. There was no basis to suppress defendant's statement, even though it was made while defendant was in custody and had not yet received Miranda warnings. Defendant's inquiry...

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