Opinion
January 27, 1986
Appeal from the Supreme Court, Queens County (Rotker, J.).
Judgments affirmed.
A Huntley hearing was held to determine the voluntariness of two custodial statements made by the defendant. At the hearing, two different versions of the facts were presented. Based upon the credibility of the witnesses, the content of their testimony, and other evidence in the record, the hearing court concluded that the People's version of the facts was the correct one. It held that the defendant was given proper Miranda warnings before making each statement, and that his statements were voluntarily given and therefore admissible at trial.
The record on appeal supports the hearing court's findings of fact; therefore, its decision should be upheld (see, People v Boyce, 89 A.D.2d 623). There is no inherent incredibility in the testimony of the People's witnesses; therefore, reversal of the hearing court's decision is not warranted (see, People v Garafolo, 44 A.D.2d 86). Lazer, J.P., Mangano, Brown and Lawrence, JJ., concur.