People v. Restivo

Appellate Division of the Supreme Court of New York

People v. Restivo

69 A.D.3d 478, 891 N.Y.2d 647

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 19, 2010

StatusPublished

This text of 69 A.D.3d 478 (People v. Restivo) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Restivo, 69 A.D.3d 478, 891 N.Y.2d 647 (N.Y. Ct. App. 2010).

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Opinion

[479]*479The 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 NY2d 759, 761 [1977]). We do not find the officer’s account of the events to be implausible, and the evidence establishes that he had a sufficient opportunity to observe the apparent drug transaction. Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.

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[479]*479The 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 NY2d 759, 761 [1977]). We do not find the officer’s account of the events to be implausible, and the evidence establishes that he had a sufficient opportunity to observe the apparent drug transaction. Concur—Mazzarelli, J.P., Saxe, Acosta, DeGrasse and Manzanet-Daniels, JJ.

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Bluebook (online)

69 A.D.3d 478, 891 N.Y.2d 647, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-restivo-nyappdiv-2010.