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People v. De Santis

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1992
185 A.D.2d 384 (N.Y. App. Div. 1992)

Opinion

July 9, 1992

Appeal from the County Court of Madison County (O'Brien, III, J.).


Defendant, in seeking to repudiate a series of statements signed by him which implicated him in the crimes he was convicted of, contends that County Court erred in denying his motion to have them suppressed. Defendant testified in the Huntley hearing that his statements were induced by police intimidation and in violation of his right to counsel. County Court did not find defendant's testimony to be credible and denied suppression. We decline to reverse.

County Court, as trier of the facts, was in the best position to judge the credibility of witnesses (see, People v. Garcia, 160 A.D.2d 258, 259, lv denied 76 N.Y.2d 857). We agree with its decision.

Yesawich Jr., Mercure, Crew III and Casey, JJ., concur. Ordered that the judgment is affirmed, and matter remitted to the County Court of Madison County for further proceedings pursuant to CPL 460.50 (5).


Summaries of

People v. De Santis

Appellate Division of the Supreme Court of New York, Third Department
Jul 9, 1992
185 A.D.2d 384 (N.Y. App. Div. 1992)
Case details for

People v. De Santis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL R. DE SANTIS…

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

Date published: Jul 9, 1992

Citations

185 A.D.2d 384 (N.Y. App. Div. 1992)