Opinion
October 3, 1995
Appeal from the Supreme Court, New York County (Bernard Fried, J.).
At the hearing the detectives testified that a woman appearing to be 19 or 20 years old answered their early morning knock on the door, that they told her in a nonthreatening manner that they wanted to speak to defendant and asked if he was home and whether they could come into the apartment, and that she was polite and friendly and invited them to enter. This testimony, which the hearing court credited, was consistent with and partially corroborated by the hearing testimony of defendant and the woman, who had been defendant's girlfriend of five years ( see, People v Prochilo, 41 N.Y.2d 759, 761; People v. Garafolo, 44 A.D.2d 86, 88). Thus, the hearing court's finding that the woman's consent to enter the apartment was an act of free will is supported by the record ( see, People v. Gonzalez, 39 N.Y.2d 122, 127-130) and is entitled to deference on appeal. Accordingly, the arrest was not unlawful and the subsequent confessions were admissible.
Concur — Rosenberger, J.P., Ellerin, Williams, Tom and Mazzarelli, JJ.