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PEOPLE v. PRUDEN

Ind. No. 4633/17, Appeal No. 16216, Case No. 2018-02922.

206 A.D.3d 574 (2022)

168 N.Y.S.3d 838

2022 NY Slip Op 04133

The People of the State of New York, Respondent, v. Robert Pruden, Appellant.

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

Decided June 28, 2022.

Attorney(s) appearing for the Case

Robert S. Dean, Center for Appellate Litigation, New York (Elizabeth G. Caldwell of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Catherine Marotta of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Oing, González, Scarpulla, Higgitt, 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]). A combination of factors provided the police with, at least, a founded suspicion of criminality that justified a common-law inquiry.

In the Port Authority Bus Terminal, officers saw defendant and another man...

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