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12-333 THE PEOPLE, res, v. CARLOS ECHEVARRIA, def-app

12-333 THE PEOPLE, res, v. CARLOS ECHEVARRIA, def-app — Judgment of conviction (Matthew A. Sciarrino, J.), rendered February 7, 2012, affirmed.

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12-333 THE PEOPLE, res, v. CARLOS ECHEVARRIA, def-app — Judgment of conviction (Matthew A. Sciarrino, J.), rendered February 7, 2012, affirmed.

Defendant’s suppression motion was properly denied. There is no basis for disturbing the court’s credibility determinations, which are supported by the record (see People v. Prochilo, 41 NY2d 759, 761 [1977]). The suppression court reasonably could find that the stop of defendant’s vehicle was lawful based on the arresting officer’s observations of its excessively tinted windows (see Vehicle and Traffic Law §375 [12 a],[b]), which he described as “a lot darker” than the legal threshold of 70 percent light transmissivity, and which caused the officer to run a license plate check on the vehicle to determine whether it was an unmarked police car (see People v. Osborne, 158 AD2d 740 [3d Dept 1990], lv denied 75 NY2d 968 [1990]; see also People v. Edwards, 222 AD2d 603, 604 [1995], lv denied 88 NY2d 984 [1996]; People v. Cuevas, 203 AD2d 88, 99 [1994], lv denied 83 NY2d 909 [1994]; cf. People v. Tompkins, 6 Misc 3d 30 [2004] [addressing the legal sufficiency of the People's proof at trial]).

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