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People v. Rodriguez

254 A.D.2d 85 Court N.Y. App. Div. Decision date 1998-10-13 English

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p. 85
The People of the State of New York, Respondent, v Enrique Rodriguez, Appellant.
[678 NYS2d 725]

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered January 23, 1996, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to 5 years probation, unanimously affirmed.

Defendant’s suppression motion was properly denied. We find no reason to disturb the hearing court’s credibility determinations (People v Prochilo, 41 NY2d 759 ). The record does not support defendant’s claim that the stop of the taxicab for a traffic violation was a pretext to investigate an unrelated crime. Concur — Lerner, P. J., Sullivan, Mazzarelli, Andrias and Saxe, JJ.