Opinion
September 27, 2001.
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 18, 1998, convicting defendant, upon his plea of guilty, of attempted arson in the second degree, and sentencing him, as a second felony offender, to a term of 6 years, unanimously affirmed.
Hope Korenstein, for respondent.
Julia Pamela Heit, for defendant-appellant.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Saxe, Buckley, JJ.
Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. Contrary to defendant's contention, the evidence established that Miranda warnings were read to defendant upon his arrival at the precinct. The strategy employed by the police to obtain defendant's presence at the precinct, and their concealment from defendant of the true purpose of the interview, does not warrant suppression since it was not so fundamentally unfair as to deny due process nor was it likely to induce a false confession (see, People v. Tarsia, 50 N.Y.2d 1, 11).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.