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PEOPLE, res, v. ELINIZA LUNA, def-ap

4351. PEOPLE, res, v. ELINIZA LUNA, def-ap — Rubinstein & Corozzo, LLP, New York (Angela D. Lipsman of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for res — Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered June 1, 2016, convicting defendant, upon her plea of guilty, of criminal possession of marijuana in the first degree, and sentencing her to a term of three years' probation, unanimously affirmed.

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4351. PEOPLE, res, v. ELINIZA LUNA, def-ap — Rubinstein & Corozzo, LLP, New York (Angela D. Lipsman of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for res — Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered June 1, 2016, convicting defendant, upon her plea of guilty, of criminal possession of marijuana in the first degree, and sentencing her to a term of three years’ probation, unanimously affirmed.

The court properly denied defendant’s suppression motion. The suppression issue in this case turns on the credibility of an officer’s testimony that he smelled a strong odor of marijuana as he approached the car he had stopped, notwithstanding that the 10 pounds of marijuana he recovered was vacuum sealed in plastic bags and thus, according to defendant, could not have given off any detectable odor. There is no basis for disturbing the court’s credibility determination in this regard (see generally People v. Prochilo, 41 NY2d 759, 761 [1977]). We note that no evidence was introduced at the hearing to support defendant’s assertion that it is impossible to detect odors given off by the contents of vacuum sealed bags.

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