People v. Ballard

The court properly denied defendant’s suppression motion. There is no basis for disturbing the court’s credibility determi*265nations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). In this observation sale case, defendant concedes that there was reasonable suspicion warranting her detention, but argues that the police use of handcuffs elevated the encounter to an arrest, and that probable cause to arrest did not develop until the observing officer made a confirmatory identification. However, the hearing evidence, viewed as a whole, supports the conclusion…