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PEOPLE v. PASTRANA

Ind. No. 2026/15. Appeal No. 15884. Case No. 2018-4537.

205 A.D.3d 461 (2022)

168 N.Y.S.3d 53

2022 NY Slip Op 03058

The People of the State of New York, Respondent, v. Pablo Pastrana, Appellant.

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

Decided May 5, 2022.

Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Mark W. Zeno of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Nicole Neckles of counsel), for respondent.

Concur—Gische, J.P., Kern, Oing, González, Scarpulla, JJ.

The court properly denied defendant's motion to suppress the physical evidence recovered from his vehicle after it was stopped at a checkpoint. Initially, we find no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), regarding the circumstances of the checkpoint stop as well as the ensuing search.

The police testimony...

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