New York Supreme and/or Appellate Courts Appellate Division, First Department
December 13, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
RAUL ESPINO, DEFENDANT-APPELLANT.
People v Espino
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.
Decided on December 13, 2012 Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J. at suppression motion; Edward J. McLaughlin, J. at plea and sentencing), rendered May 18, 2010, as amended May 25, 2010 and September 13, 2010, convicting defendant of three counts of burglary in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 15 years, unanimously affirmed.
The court properly denied defendant's suppression motion. The People established the voluntariness of defendant's statements beyond a reasonable doubt. The record supports the court's determination to credit the police testimony and to discredit the testimony of defendant (see People v Prochilo, 41 NY2d 759, 761 ).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: DECEMBER 13, 2012
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