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PEOPLE, res, v. WILSON RUIZ, def-ap

8483. PEOPLE, res, v. WILSON RUIZ, def-ap — Steven Banks, The Legal Aid Society, New York (Steven Berko of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for res — Judgment, Supreme Court, New York County (Kibbie F. Payne, J. at suppression motion; Renee A. White, J. at plea; Michael R. Sonberg, J. at sentencing), rendered July 14, 2009, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of one year, unanimously affirmed.

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8483. PEOPLE, res, v. WILSON RUIZ, def-ap — Steven Banks, The Legal Aid Society, New York (Steven Berko of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Yuval Simchi-Levi of counsel), for res — Judgment, Supreme Court, New York County (Kibbie F. Payne, J. at suppression motion; Renee A. White, J. at plea; Michael R. Sonberg, J. at sentencing), rendered July 14, 2009, convicting defendant of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony drug offender, to a term of one year, unanimously affirmed.

The court properly denied defendant’s suppression motion. When the police approached the parked car in which defendant was sitting next to the driver, this did not constitute a seizure, even if the police car blocked the parked car (see People v. Thomas, 19 AD3d 32, 35-37 [1st Dept 2005], lv denied 5 NY3d 795 [2005]).

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