People v. Caslin

Appellate Division of the Supreme Court of New York

People v. Caslin

201 A.D.2d 757, 608 N.Y.S.2d 894, 1994 N.Y. App. Div. LEXIS 898

Appellate Division of the Supreme Court of the State of New York·Decided February 3, 1994·Published

Opinion

Appeal from a judgment of the County Court of Schuyler County (Callanan, Sr., J.), rendered September 6, 1991, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

We reject defendant’s argument that his confession should have been suppressed at the Huntley hearing because it was obtained as a result of an impermissible promise made by law enforcement personnel. We find no evidence that County Court abused its considerable discretion by crediting the contrary testimony of the investigating police officer. Because defendant’s statement to the police was voluntary, there is no basis for reversing defendant’s conviction.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

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Appeal from a judgment of the County Court of Schuyler County (Callanan, Sr., J.), rendered September 6, 1991, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

We reject defendant’s argument that his confession should have been suppressed at the Huntley hearing because it was obtained as a result of an impermissible promise made by law enforcement personnel. We find no evidence that County Court abused its considerable discretion by crediting the contrary testimony of the investigating police officer. Because defendant’s statement to the police was voluntary, there is no basis for reversing defendant’s conviction.

Mikoll, J. P., White, Casey and Yesawich Jr., JJ., concur. Ordered that the judgment is affirmed.

People v. Caslin, 201 A.D.2d 757, 608 N.Y.S.2d 894, 1994 N.Y. App. Div. LEXIS 898 (N.Y. Ct. App. 1994).

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201 A.D.2d 757 (People v. Caslin) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.