People v. Espino

Appellate Division of the Supreme Court of New York

People v. Espino

101 A.D.3d 518, 954 N.Y.2d 881

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

DecidedDecember 13, 2012

StatusPublished

This text of 101 A.D.3d 518 (People v. Espino) 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. Espino, 101 A.D.3d 518, 954 N.Y.2d 881 (N.Y. Ct. App. 2012).

Pincite

Opinion

The court properly denied defendant’s suppression motion. The People established the voluntariness of defendant’s state-[519]*519merits beyond a reasonable doubt. The record supports the court’s determination to credit the police testimony and to discredit the testimony of defendant (see People v Prochilo, 41 NY2d 759, 761 [1977]).

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.

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The court properly denied defendant’s suppression motion. The People established the voluntariness of defendant’s state-[519]*519merits beyond a reasonable doubt. The record supports the court’s determination to credit the police testimony and to discredit the testimony of defendant (see People v Prochilo, 41 NY2d 759, 761 [1977]).

We perceive no basis for a reduction of sentence. Concur— Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ.

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Bluebook (online)

101 A.D.3d 518, 954 N.Y.2d 881, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-espino-nyappdiv-2012.