Opinion
June 16, 2000.
Appeal from Judgment of Monroe County Court, Maloy, J. — Burglary, 1st Degree.
PRESENT: GREEN, J. P., WISNER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed. Memorandum: We reject defendant's contention that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Likewise, we reject the contention of defendant that he was denied effective assistance of counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147; People v. Trait, 139 A.D.2d 937, 938, lv denied 72 N.Y.2d 867). Defendant further contends that County Court erred in failing to suppress his statements to the police on the ground that they were involuntary. We disagree. Defendant did not appear intoxicated to the police, he responded in the negative to the officer's question whether he had been drinking or had taken drugs, he was coherent during the interview and he acknowledged that he understood his rights and was willing to answer questions. Based on the totality of the circumstances, we conclude that the statements were voluntarily made ( see, People v. Barnes, 267 A.D.2d 1020; see also, People v. Downey, 254 A.D.2d 794, 795, lv denied 92 N.Y.2d 1031; People v. Walker, 235 A.D.2d 262, lv denied 89 N.Y.2d 1102). Finally, the sentence is neither unduly harsh nor severe.