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PEOPLE v. McCRAY

Ind. No. 3518/16, 1093/18. Appeal No. 14126-14127. Case No. 2019-2523, 2019-2531.

195 A.D.3d 555 (2021)

149 N.Y.S.3d 81

2021 NY Slip Op 04089

The People of the State of New York, Respondent, v. Donnie McCray, Appellant.

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

Decided June 24, 2021.

Attorney(s) appearing for the Case

Caprice R. Jenerson , Office of the Appellate Defender, New York ( Tabitha P. Cohen of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jillian Lewis of counsel), for respondent.

Concur—Gische, J.P., Webber, Oing, González, JJ.

The court properly denied defendant's suppression motion, in all respects, after a hearing addressing incidents that occurred in 2016 and 2018 and that were the subject of two consolidated indictments. Initially, we find no basis for disturbing the court's credibility determinations as to both incidents, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]).

In the 2016 case, the police smelled...

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