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PEOPLE v. CRUZ

Ind. No. 1925/17. Appeal No. 15749. Case No. 2019-5211.

204 A.D.3d 520 (2022)

164 N.Y.S.3d 810

2022 NY Slip Op 02514

The People of the State of New York, Respondent, v. Jonathan Cruz, Appellant.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Katia Barron of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Philip V. Tisne of counsel), for respondent.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

Regardless of whether defendant made a valid waiver of his right to appeal, we find that the hearing court correctly denied defendant's suppression motion. There is no basis for disturbing the hearing court's credibility determinations. The police lawfully stopped the car in which defendant was a passenger because the windows appeared to be tinted (see People v Robinson, 103 A.D.3d 421, 421-422 [1st Dept 2013], lv denied ...

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