Opinion
May 1, 1967
MEMORANDUM BY THE COURT. Appeal from a judgment of conviction entered upon a plea of guilty of the reduced charge of murder in the second degree. We find no basis for disturbing the finding upon the pretrial Huntley hearing that defendant voluntarily made the statements now challenged, in which, incidentally, he denied the homicide charged, while admitting the predicate felony. The factual grounds of that decision are clearly and convincingly disclosed, as are the reasons for the Judge's determining the issues of credibility as he did. Neither do we find any basis for appellant's contentions with respect to his arrest, which the decision upon the Huntley hearing resolved in any event; or with regard to the procedure whereby he was indicted and arraigned prior to the adjourned date of examination before the magistrate ( People v. Tornetto, 16 N.Y.2d 902, cert. den. 383 U.S. 952). The plea of guilty to a reduced charge was properly received, upon adequate protective procedures. (See People ex rel. Welch v. Wallack, 27 A.D.2d 873, mot. for lv. to app. granted 19 N.Y.2d 582, citing People v. Foster, 19 N.Y.2d 150.) Appellant's remaining contentions are likewise insubstantial and none requires discussion. Judgment affirmed, without costs. Gibson, P.J., Reynolds, Aulisi, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.