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PEOPLE v. BROWN
Appellate Division of the Supreme Court of New York, Second Department.
Jan 22, 1985
Judgment affirmed.
We have reviewed the record and do not find that the arresting officer's testimony was either incredible as a matter of law or patently tailored to avoid constitutional objections (see People v. Berrios, 28 N.Y.2d 361; People v. Hardy, 106 A.D.2d 403; People v. Parmiter, 55 A.D.2d 938; People v. Garafolo, 44 A.D.2d 86). The People have sustained their burden of going forward in the first instance and showing the legality of the police conduct. Lazer, J.P., Bracken, Rubin and Eiber, JJ., concur.
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