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People v. Maldonado

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1997
240 A.D.2d 169 (N.Y. App. Div. 1997)

Opinion

June 3, 1997

Appeal from the Supreme Court, New York County (Murray Mogel, J., at suppression hearing; Bonnie Wittner, J., at jury trial and sentence).


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 A.D.2d 398, lv denied 88 N.Y.2d 994), which arrest was further supported by the officers observation of defendant removing a bag of yellow-topped vials from a hidden "stash" ( People v. Jones, 219 A.D.2d 417). We decline to disturb the hearing court's credibility determinations ( see, People v. Prochilo, 41 N.Y.2d 759, 761).

Concur — Sullivan, J.P., Ellerin, Nardelli, Tom and Mazzarelli, JJ.


Summaries of

People v. Maldonado

Appellate Division of the Supreme Court of New York, First Department
Jun 3, 1997
240 A.D.2d 169 (N.Y. App. Div. 1997)
Case details for

People v. Maldonado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MALDONADO…

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

Date published: Jun 3, 1997

Citations

240 A.D.2d 169 (N.Y. App. Div. 1997)