Opinion
June 3, 1985
Appeal from the Supreme Court, Queens County (Clabby, J.).
Judgment affirmed.
The record indicates that defendant was properly advised of his Miranda rights and that he understood and spoke English sufficiently to knowingly and voluntarily waive them. Since the Judge at the suppression hearing actually observed defendant and heard the testimony, his determination in this regard should not be disturbed. Defendant has advanced no persuasive reason for us to find that the hearing court was in error ( People v. Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851).
In addition, we perceive no basis for concluding that the sentence warrants modification in the interest of justice ( People v. Towns, 109 A.D.2d 764; People v. Kazepis, 101 A.D.2d 816). Thompson, J.P., Brown, Niehoff and Lawrence, JJ., concur.