Opinion
1998-04025
Submitted June 17, 2003.
July 28, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered April 27, 1998, convicting him of manslaughter in the second degree and criminal possession of a weapon in the second degree, 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 written statement to law enforcement authorities.
Estelle Jana Roond, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA L. TOWNES, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his written statement to the police. The hearing court correctly found that the defendant's right to counsel had not indelibly attached before he gave the inculpatory statement (see People v. Grice, 293 A.D.2d 756, affd 100 N.Y.2d 318 [June 26, 2003]; People v. Pulliam, 292 A.D.2d 399; People v. Lennon, 243 A.D.2d 495; cf. People v. Garafolo, 46 N.Y.2d 592; People v. Pinzon, 44 N.Y.2d 458). "The hearing court's finding should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record" (People v. Grice, supra; see People v. Garafolo, 44 A.D.2d 86, 88). As the record supports the hearing court's determination, we agree that there was no basis to suppress the statement.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
PRUDENTI, P.J., TOWNES, MASTRO and RIVERA, JJ., concur.