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PEOPLE v. COLES

62 A.D.3d 1022 (2009)

878 N.Y.S.2d 913

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEFFREY COLES, Appellant.

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

Decided May 26, 2009.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the testimony of the arresting police officer was not incredible as a matter of law, as it was not "`manifestly untrue, physically impossible, contrary to experience, or self-contradictory'" (People v Garafolo, 44 A.D.2d 86, 88 [1974], quoting 22 NY Jur Evidence § 649). Accordingly, suppression...

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