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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DION BLOOMFIELD, Appellant.

Ordered that the judgment is affirmed.

It is well settled that the determination of the suppression court, having the advantage of seeing and hearing the witnesses, must be accorded great weight on appeal and its determination should not be disturbed if it is supported by the record (see, People v Prochilo, 41 N.Y.2d 759; People v Gaimari, 176 N.Y. 84; People v Daniels, 190 A.D.2d 858).

The hearing court's determination as to the credibility of the officers' testimony should not be disturbed (see, People v Ruiz, 166 A.D.2d 302; People v Rodriguez, 164 A.D.2d 824). Furthermore, the recovery of the gun, which was discarded and abandoned by the defendant during his flight from the police, was lawful (see, Matter of Jerry C., 197 A.D.2d 685; People v Price, 194 A.D.2d 634). O'Brien, J.P., Santucci, Joy and Friedmann, JJ., concur.

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PEOPLE v. BLOOMFIELD
(Nov 27, 1995)