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PEOPLE v. SMITH

1185, 6273/06.

66 A.D.3d 514 (2009)

887 N.Y.S.2d 562

2009 NY Slip Op 7342

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT SMITH, Appellant.

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

Decided October 15, 2009.

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]). After observing the driver commit a traffic infraction, the police lawfully stopped the vehicle in which defendant was riding and lawfully ordered the occupants out of the car. Furthermore, the officers smelled marijuana...

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