Opinion
September 1, 1994
Appeal from the Supreme Court, Bronx County (Daniel Sullivan, J.).
The record, which shows a detailed plea allocution in which defendant had the presence of mind to correct the court on factual matters and even to seek assurances that he was not giving up his right to appeal, does not support defendant's contention that his AIDS-related pneumonia rendered him mentally incompetent and thus incapable of entering a knowing and voluntary plea (see, People v. Rentas, 193 A.D.2d 565, lv denied 82 N.Y.2d 725). Nor can defendant's plea be found involuntary because of family pressure to plead guilty (People v. Lewis, 46 N.Y.2d 825, 826). Concerning the suppression hearing, the evidence relating to defendant's intoxication at the time he gave the statements in question raised issues of credibility primarily for the hearing court (see, People v Prochilo, 41 N.Y.2d 759, 761), and we find no basis to disturb its rejection of the testimony that defendant was too intoxicated to have knowingly, voluntarily and intelligently waived his Miranda rights.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Rosenberger, Ross, Rubin and Williams, JJ.