NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 11, 2008
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WILNERSON OCCELIN, ALSO KNOWN AS TYRONE EVANS, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Michael Corriero, J. at suppression hearing; John Cataldo, J. at plea and sentence), rendered February 15, 2007, convicting defendant of robbery in the first degree and criminal possession of a weapon in the second and third degrees, and sentencing him to an aggregate term of 6 years, unanimously affirmed.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Saxe, Sweeny, Catterson, Moskowitz, JJ.
The court properly denied defendant's motion to suppress statements. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 NY2d 759, 761 ), including its finding that defendant orally waived his Miranda rights prior to any questioning. The totality of the circumstances establishes that the statements were voluntarily made (see Arizona v Fulminante, 499 US 279, 285-288 ; People v Anderson, 42 NY2d 35, 38-39 ). The record refutes defendant's claim that the voluntariness of his statements was impaired by an injury he sustained at the time of the crime and by his alleged lack of sleep; the hearing evidence included, among other things, detailed testimony as to his demeanor when he was interviewed, as well as evidence that he had no difficulty writing a lengthy statement.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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