Opinion
March 17, 1995
Appeal from the Wayne County Court, Strobridge, J.
Present — Denman, P.J., Lawton, Wesley, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: County Court's determination that the statement of defendant was voluntarily made after he knowingly, intelligently and voluntarily waived his Miranda rights is supported by the record. The conflicting testimony of defendant that no Miranda warnings were given and that his statement was induced by his belief that he "could get off with another deal" presented issues of credibility to be resolved by the hearing court. It is well settled that the hearing court's determination of credibility issues will not be disturbed on appeal unless unsupported as a matter of law (see, People v. Ingraham, 172 A.D.2d 870; see also, People v. Prochilo, 41 N.Y.2d 759, 761).
Lastly, the sentence is neither unduly harsh nor severe.