Opinion
October 18, 1993
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that the hearing court erred by denying suppression of the confession he made to the police following his arrest. Initially, defense counsel conceded the admissibility of the confession as having been voluntarily obtained, and thus the defendant's present contentions are unpreserved for appellate review (see, CPL 470.05; see, People v. Burgess, 168 A.D.2d 685). In any event, a review of the totality of the circumstances (see, People v Anderson, 42 N.Y.2d 35) reveals that the defendant's confession was not involuntary. Prior to any interrogation, the defendant was apprised of his constitutional rights. He knowingly, intelligently, and voluntarily waived his rights and a signed waiver card was admitted into evidence. The entire interrogation lasted no more than 90 minutes during which time the interrogating detective employed no improper tactics. The hearing court's determination rested upon its assessment of the credibility of the witnesses. As the record clearly supports the hearing court's determinations as to the voluntariness of the defendant's confession, there is no basis to disturb them on appeal (see, People v. Hamilton, 138 A.D.2d 625).
We have reviewed the defendant's remaining contentions and find that they do not warrant reversal (see, e.g., People v. Harris, 80 N.Y.2d 796; People v. Suitte, 90 A.D.2d 80). Mangano, P.J., Sullivan, Miller and Pizzuto, JJ., concur.