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People v. Maldonado

240 A.D.2d 169 Court N.Y. App. Div. Decision date 1997-06-03 English

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p. 169
The People of the State of New York, Respondent, v John Maldonado, Appellant.
[657 NYS2d 704]

Judgment, Supreme Court, New York County (Murray Mogel, J., at suppression hearing; Bonnie Wittner, J., at jury trial and sentence), rendered June 8, 1994, convicting defendant of criminal sale of a controlled substance in the third degree and

p. 170
criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 51/2 to 11 years, unanimously affirmed.

Defendant’s suppression motion was properly denied. The police had probable cause to arrest defendant on the basis of several hand-to-hand exchanges of objects for money (People v Schlaich, 218 AD2d 398 , lv denied 88 NY2d 994 ), which arrest was further supported by the officer’s observation of defendant removing a bag of yellow-topped vials from a hidden "stash” (People v Jones, 219 AD2d 417 ). We decline to disturb the hearing court’s credibility determinations (see, People v Prochilo, 41 NY2d 759 , 761). Concur—Sullivan, J. P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.

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