People v. Bent

Appellate Division of the Supreme Court of New York

People v. Bent

248 A.D.2d 288, 670 N.Y.S.2d 91, 1998 N.Y. App. Div. LEXIS 3258

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 26, 1998

StatusPublished

This text of 248 A.D.2d 288 (People v. Bent) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Bent, 248 A.D.2d 288, 670 N.Y.S.2d 91, 1998 N.Y. App. Div. LEXIS 3258 (N.Y. Ct. App. 1998).

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Opinion

—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 18, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree and burglary in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years to life and 5 to 10 years, respectively, unanimously affirmed.

Defendant’s motion to suppress evidence was properly denied, since defendant’s statements were not the product of custodial interrogation (see, People v Li, 235 AD2d 211, Iv denied 89 NY2d 1037). The record, including evidence of defendant’s voluntary accompaniment of the detectives to the [289]*289precinct, and the conversational, non-accusatory nature of the discussion, and the fact that the defendant was offered food and left alone for periods of time, supports the hearing court’s findings. We see no reason to disturb the hearing court’s credibility determinations (see, People v Prochilo, 41 NY2d 759, 761).

Concur — Lerner, P. J., Milonas, Rosenberger, Nardelli and Williams, JJ.

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—Judgment, Supreme Court, New York County (Ira Beal, J.), rendered October 18, 1994, convicting defendant, upon his plea of guilty, of murder in the second degree and burglary in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 15 years to life and 5 to 10 years, respectively, unanimously affirmed.

Defendant’s motion to suppress evidence was properly denied, since defendant’s statements were not the product of custodial interrogation (see, People v Li, 235 AD2d 211, Iv denied 89 NY2d 1037). The record, including evidence of defendant’s voluntary accompaniment of the detectives to the [289]*289precinct, and the conversational, non-accusatory nature of the discussion, and the fact that the defendant was offered food and left alone for periods of time, supports the hearing court’s findings. We see no reason to disturb the hearing court’s credibility determinations (see, People v Prochilo, 41 NY2d 759, 761).

Concur — Lerner, P. J., Milonas, Rosenberger, Nardelli and Williams, JJ.

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Bluebook (online)

248 A.D.2d 288, 670 N.Y.S.2d 91, 1998 N.Y. App. Div. LEXIS 3258, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bent-nyappdiv-1998.

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