Opinion
September 22, 1992
Appeal from the Supreme Court, New York County (Leslie Crocker Snyder, J.).
The testimony of the People's witness, one of the arresting officers, was not so inherently incredible or improbable as to warrant reversal of the suppression court's determination of credibility (see, People v Benitez, 162 A.D.2d 100). According to that testimony, the police, in effecting defendant's arrest, used no more force than was necessary to subdue him, and the inculpatory statements sought to be suppressed were not made until some 20 minutes after the scuffle and after defendant had waived his Miranda rights. There being no causal connection between defendant's statements and the force properly used to apprehend him, the voluntariness of the statements was not impaired (People v Catanzaro, 17 N.Y.2d 185, mot to amend remittitur granted 17 N.Y.2d 808, cert denied 385 U.S. 875). Nor can the sentence be deemed excessive, given that it was willingly accepted by defendant as a fair bargain, and in view of defendant's participation in two additional sales.
Concur — Murphy, P.J., Rosenberger, Ross and Kassal, JJ.