Opinion
May 11, 1992
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
The defendant's suppression motion was properly denied. Issues of credibility "are primarily for the hearing court, whose determination should not be disturbed on appeal unless clearly unsupported by the record" (People v. Eismann, 158 A.D.2d 537, 538; see also, People v. Prochilo, 41 N.Y.2d 759, 761). The record supports the hearing court's rejection of the defendant's testimony, and the consistent testimony of the People's witnesses is that he accompanied the police voluntarily, was advised of his rights, was not deprived of food, sleep, or the opportunity to contact his family during the lengthy questioning, and was not the victim of any impermissible stratagems. Under the totality of circumstances the confession was voluntary (see, People v Croney, 121 A.D.2d 558, 559; see also, People v. Tarsia, 50 N.Y.2d 1, 12).
We have considered the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Sullivan, Eiber and Pizzuto, JJ., concur.