Opinion
No. 12–123.
2014-02-28
The PEOPLE of the State of New York, Respondent, v. Louis ROSARIO, Defendant–Appellant.
The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record ( see People v. Prochilo, 41 N.Y.2d 759, 761 [1977] ). The nonthreatening, nonaccusatory police questioning of defendant following the eyewitness showup identification constituted a level-two common law inquiry, not a level-three seizure ( see People v. Loretta, 107 AD3d 541, 541 [2013] ), and was justified by, at least, a founded suspicion of criminality ( id.) The court was warranted in finding that defendant's subsequent consent to a search of his bag was voluntary, based on the totality of circumstances, including the absence of coercive police conduct ( see People v. Gonzalez, 39 N.Y.2d 122, 128–130 [1976];People v. Ochoa, 263 A.D.2d 359, 359 [1999],lv denied94 N.Y.2d 865 [1999] ).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.