Opinion
April 17, 1989
Appeal from the Supreme Court, Queens County (Gallagher, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence imposed on the defendant's conviction of manslaughter in the first degree from 4 to 12 years to 2 to 6 years; as so modified, the judgment is affirmed.
We find that suppression of the defendant's statements was properly denied. Although the defendant contends that he did not voluntarily waive his right to remain silent, such claim was in direct contradiction of the testimony of the police officer involved in the arrest. Much weight is to be accorded to the determination of the hearing court whose findings are not to be set aside unless they are clearly erroneous (see, People v Roth, 139 A.D.2d 605, 606; People v. Armstead, 98 A.D.2d 726). We cannot conclude from the record that the determination of the hearing court to credit the officer's testimony over that of the defendant was error (see, People v. Roth, supra).
Under the unusual circumstances of this case, we find that the sentence was excessive to the extent indicated. Mollen, P.J., Thompson, Lawrence and Kunzeman, JJ., concur.