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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. STANLEY CARTER, Appellant.

Ordered that the judgment is affirmed.

The hearing court found that police officers, in response to a radio call regarding two suspicious black males at a gas station, arrived at the gas station and saw the defendant, a black male, standing next to the codefendant, also a black male, near the cashier's booth. The hearing court also found that one of the arresting officers observed that a gun was protruding from a bag held by the codefendant. On the basis of those findings, the court held that the officers had probable cause to arrest the defendant. The hearing court's determination here, which was based on issues of credibility, is entitled to great weight and should not be disturbed (see, People v. Rose, 159 A.D.2d 600; People v. Prochilo, 53 A.D.2d 196, affd 41 N.Y.2d 759). Bracken, J.P., Eiber, Balletta and Rosenblatt, JJ., concur.

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PEOPLE v. CARTER
(Oct 9, 1990)