Opinion
March 29, 1990
Appeal from the Supreme Court, Bronx County (Gerald Sheindlin, J.).
Viewing the evidence in a light most favorable to the People (People v Contes, 60 N.Y.2d 620), we conclude that any rational trier of fact could have found defendant guilty beyond a reasonable doubt. The circumstantial evidence excluded to a moral certainty any inference inconsistent with guilt (People v Kennedy, 47 N.Y.2d 196, 202). Defendant's challenge to the credibility of witnesses was for the jury to resolve (People v Montanez, 41 N.Y.2d 53, 57).
The hearing court did not err to the extent that it denied defendant's motion to suppress defendant's inculpatory statements, and we defer to its findings of credibility (People v Prochilo, 41 N.Y.2d 759, 761). Defendant's physical condition did not detract from the voluntariness of defendant's statement (see, People v Eastman, 114 A.D.2d 509; People v Pearson, 106 A.D.2d 588, 589). We have examined defendant's other contentions and find them to be without merit.
Concur — Sullivan, J.P., Ross, Rosenberger, Ellerin and Rubin, JJ.