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People v. Stevenson

225 A.D.2d 323 Court N.Y. App. Div. Decision date 1996-03-07 English

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p. 323
The People of the State of New York, Respondent, v Ericander Stevenson, Appellant.
[638 NYS2d 639]

Defendant’s motion to suppress was properly denied upon the ground that the police had probable cause to arrest him once defendant fired a gun at them. With deference to the hearing court’s role in resolving issues of credibility (see, People v Prochilo, 41 NY2d 759 , 761), we find that the officer’s testimony that defendant had fired a gun was not incredible (see, People v Garafolo, 44 AD2d 86 , 88). Concur — Murphy, P. J., Sullivan, Wallach, Ross and Williams, JJ.

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