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PEOPLE v. CORREA

Appellate Division of the Supreme Court of New York, First Department.
May 5, 2009
Important Paras
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The court properly denied defendant's suppression motion. There is no basis for disturbing the court's well-reasoned and detailed findings of facts and credibility determinations, which are supported by the record ( see People v Prochilo, 41 NY2d 759, 761). The People established, by clear and convincing evidence, that an occupant of the apartment consented to the police entry ( see People v Gonzalez, 39 NY2d 122). The evidence also supported the court's alternative finding that the officers' entry was justified under the emergency doctrine ( see People v Mitchell, 39 NY2d 173, 177-178, cert denied 426 US 953).

The surcharges and fees were properly imposed ( see People v Guerrero, 12 NY3d 45).