Opinion
1998-04246
Submitted March 11, 2003.
April 14, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 28, 1998, convicting him of murder in the second degree (two counts) and attempted robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement authorities.
Lynn W. L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly denied suppression of the defendant's statements (see People v. Hills, 295 A.D.2d 365; cf. Matter of Carl W., 174 A.D.2d 678). The determination of the hearing court, which saw and heard the witnesses, should be accorded great weight on appeal (see People v. Prochilo, 41 N.Y.2d 759). Its findings of fact and determination of credibility will not be disturbed on appeal "unless clearly unsupported by the record" (People v. Jakins, 277 A.D.2d 328).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., RITTER, FEUERSTEIN and ADAMS, JJ., concur.