Opinion
Decided September 9, 1982
Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, MAX BLOOM, J., DONALD J. SULLIVAN, J.
Jonathan I. Golomb and William E. Hellerstein for appellant.
Mario Merola, District Attorney ( Robin Dolsky of counsel), for respondent.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order affirmed. Whether defendant's remark constituted a request for counsel, and whether the defendant was induced into making statements by a promise of leniency or a police officer's legal advice, are questions of fact. These factual issues are beyond this court's scope of review, inasmuch as the determination denying defendant's motion to suppress statements is supported by the record ( People v McRay, 51 N.Y.2d 594; People v Eisenberg, 22 N.Y.2d 99).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.