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PEOPLE v. SALLEY

Ind. No. 4919/16. Appeal No. 16035. Case No. 2019-2349.

205 A.D.3d 651 (2022)

167 N.Y.S.3d 389

2022 NY Slip Op 03481

The People of the State of New York, Respondent, v. Daheem Salley, Appellant.

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

Decided May 31, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Carola M. Beeney of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Karl Z. Deuble of counsel), for respondent.

Concur—Webber, J.P., Kern, Oing, Scarpulla, Pitt, JJ.

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]).

During a lawful stop of a taxi for a traffic infraction, the police noticed, among other things, the odor of marijuana. Under the prevailing law at the time of this incident, the mere odor of marijuana justified...

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