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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAFAEL TIRADO, Defendant-Appellant

Defendant's suppression motion was properly denied. We see no reason to disturb the court's credibility determinations, which are supported by the record. The court appropriately exercised its discretion in reopening the suppression hearing, prior to any decision on the merits, to permit further questioning of the People's witness where the court and the parties expressed some confusion regarding one aspect of the witness's testimony (see, People v. Torres, 257 A.D.2d 672, lv denied 93 N.Y.2d 879).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. TIRADO
(Nov 30, 1999)