The motion court properly denied defendant's motion to suppress physical evidence. There is no basis for disturbing the court's credibility determinations. An officer's observations of a strong smell of marijuana coming directly from defendant and a plastic bag protruding from his pocket warranted the officer's inquiry into whether defendant had marijuana on him, and defendant's incriminating reply provide probable cause for his arrest (see People v Loretta,
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PEOPLE v. JOHNSON
Ind No. 3199/15. Appeal No. 11857. Case No. 2017-954.
186 A.D.3d 1168 (2020)
129 N.Y.S.3d 83
2020 NY Slip Op 05153
The People of the State of New York, Respondent, v. Melvin Johnson III, Appellant.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided September 29, 2020.
Decided September 29, 2020.
Appellate Division of the Supreme Court of New York, First Department.
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