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PEOPLE v. TOWNSEND

Ind. No. 4775/17. Appeal No. 15232. Case No. 2019-5150.

202 A.D.3d 447 (2022)

160 N.Y.S.3d 251

2022 NY Slip Op 00738

The People of the State of New York, Respondent, v. Kevin Townsend, Appellant.

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

Decided February 3, 2022.

Attorney(s) appearing for the Case

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

Cyrus R. Vance, Jr. , District Attorney, New York ( Noreen M. Stackhouse of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Webber, Oing, Mendez, Higgitt, JJ.

The hearing court properly denied defendant's suppression motion. We find no basis for disturbing the court's credibility determinations (see e.g. People v McCray, 195 A.D.3d 555 [1st Dept 2021], lv denied 37 N.Y.3d 1028 [2021]; People v Johnson, 194 A.D.3d 552 [1st Dept 2021]).

The record establishes that the police officers had a sufficient basis for a common-law inquiry of defendant. Once informed by an individual...

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