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PEOPLE v. McBRIDE

59 A.D.3d 151 (2009)

872 N.Y.S.2d 109

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NORMAN McBRIDE, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided February 3, 2009.

The court properly denied defendant's motion to suppress statements and physical evidence as fruits of a warrantless home arrest that allegedly violated Payton v New York (445 U.S. 573 [1980]). Initially, we find no basis to disturb the court's credibility determinations, including its rejection of those portions of the testimony of a defense witness that did not correspond to the police testimony.

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