Opinion
October 11, 2001.
Judgment, Supreme Court, New York County (James Yates, J. at hearing; Charles Tejada J. at jury trial and sentence), rendered November 5, 1998, convicting defendant of robbery in the first and second degrees, attempted robbery in the first degree (two counts), attempted robbery in the second degree and criminal possession of a weapon in the second and third degrees, and sentencing him to two concurrent terms of 6 to 12 years, consecutive to five concurrent terms of 3 1/2 to 7 years, unanimously affirmed.
Ann M. Olson, for respondent.
Karen Marcus, for defendant-appellant.
Before: Tom, J.P., Andrias, Wallach, Buckley, JJ.
Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761). The accomplice's statements admitting his own criminal activity and implicating defendant were against the accomplice's penal interest and provided probable cause for defendant's arrest (see, People v. McCann, 85 N.Y.2d 951, 953). The reliability of the accomplice's statements was further established by information independently verified by the police (People v. Comforto, 62 N.Y.2d 725, 727; People v. Calise, 256 A.D.2d 64,lv denied 93 N.Y.2d 851). The hearing record, including defendant's testimony, supports the court's finding that there was no violation ofPayton v. New York ( 445 U.S. 573). The evidence clearly establishes that defendant consented to the police entry into his apartment, and his claim that he merely submitted to the authority of the police officers is contradicted by his own hearing testimony.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.