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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO ARDILA, Also Known as JUAN GOMEZ, Appellant.

Ordered that the judgments are affirmed.

The hearing court had the right to credit the testimony of the police officer that the defendant drove his car through a red traffic light (see, People v Prochilo, 41 N.Y.2d 759; People v Armstead, 98 A.D.2d 726). Under these circumstances, the police stop of the defendant's car was lawful (People v Ingle, 36 N.Y.2d 413; People v Ellis, 62 N.Y.2d 393, 396). The defendant's argument that the police officer was "compelled to fabricate the red light scenario * * * to overcome constitutional objections to his actions" is without any foundation in the record. Indeed, the record indicates that the defendant was given a ticket for going through a red light. Mangano, P.J., Bracken, Lawrence and Kooper, JJ., concur.

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PEOPLE v. ARDILA
(Mar 26, 1990)