People v. Atkins

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROGER ATKINS, Appellant

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: May 1, 1997

239 A.D.2d 108 (N.Y. App. Div. 1997)

657 N.Y.S.2d 551

Opinion

May 1, 1997

Appeal from the Supreme Court, Bronx County (Frank Torres, J.).

Defendant's motion to suppress statements was properly denied. We see no reason to disturb the hearing court's credibility determinations. Defendant's guilty plea forecloses appellate review of the court's Sandoval ruling ( People v. Gilliam, 65 A.D.2d 233, Iv denied 46 N.Y.2d 840). Upon the present record, we find that defendant received meaningful representation (People v. Ford, 86 N.Y.2d 397, 404). We perceive no abuse of sentencing discretion.

Concur — Murphy, P.J., Ellerin, Nardelli, Williams and Andrias, JJ.