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People v. Wolfolk

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 529 (N.Y. App. Div. 1993)

Opinion

March 8, 1993

Appeal from the County Court, Nassau County (Boklan, J.).


Ordered that the judgments are affirmed.

The defendant contends that his confessions should have been suppressed. However, great weight must be accorded the determination of the hearing court and its factual findings should not be disturbed unless clearly unsupported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761; People v Culpepper, 188 A.D.2d 543; People v. Armstead, 98 A.D.2d 726; People v. Garafolo, 44 A.D.2d 86). We conclude that suppression of the defendant's confessions was properly denied because the credible evidence supports the court's finding that there were no promises made to the defendant of nonprosecution prior to his confessions which would have created a substantial risk that he might falsely incriminate himself (see, CPL 60.45 [b] [i]; People v. Perry, 77 A.D.2d 269, 273; People v. Diaz, 77 A.D.2d 523, 525, affd 54 N.Y.2d 967, cert denied 455 U.S. 957).

In light of our determination, we reject the defendant's remaining claim that he should be permitted to withdraw his plea under Indictment No. 58741 (see, People v. Fuggazzatto, 62 N.Y.2d 862; People v. Land, 131 A.D.2d 883). Rosenblatt, J.P., Lawrence, O'Brien and Copertino, JJ., concur.


Summaries of

People v. Wolfolk

Appellate Division of the Supreme Court of New York, Second Department
Mar 8, 1993
191 A.D.2d 529 (N.Y. App. Div. 1993)
Case details for

People v. Wolfolk

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS WOLFOLK…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 8, 1993

Citations

191 A.D.2d 529 (N.Y. App. Div. 1993)
596 N.Y.S.2d 715

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