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PEOPLE v. CRUZ

59 A.D.3d 457 (2009)

872 N.Y.S.2d 519

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CRUZ, Appellant.

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

Decided February 3, 2009.

Ordered that the judgment is affirmed.

There was probable cause to arrest the defendant (see CPL 70.10 [2]; People v Tocci, 52 A.D.3d 541, 541-542 [2008]). Furthermore, the credibility determinations of the hearing court, which had the advantage of hearing and seeing the witnesses, are to be accorded great weight on appeal (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]...

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