People v. Valencia

Appellate Division of the Supreme Court of New York

People v. Valencia

126 A.D.2d 764, 510 N.Y.S.2d 1022, 1987 N.Y. App. Div. LEXIS 41927

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

DecidedJanuary 26, 1987

StatusPublished

Cited by3 cases

This text of 126 A.D.2d 764 (People v. Valencia) 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. Valencia, 126 A.D.2d 764, 510 N.Y.S.2d 1022, 1987 N.Y. App. Div. LEXIS 41927 (N.Y. Ct. App. 1987).

Pincite

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 10, 1984, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Lakritz, J.), of that branch of the defendant’s omnibus motion which was to suppress certain statements made by him to the police.

Ordered that the judgment is affirmed.

The defendant contends that the hearing court incorrectly credited the testimony of the police officers who interviewed him, and failed to credit his own testimony which indicated that his inculpatory statements were coerced. We perceive no basis to overturn the court’s determination. Issues of credibility are primarily for the hearing court to decide, and its findings should be upheld unless they are clearly erroneous (see, People v Armstead, 98 AD2d 726). We have reviewed the defendant’s other contentions and find them to be unpreserved for our review (see, People v Pellegrino, 60 NY2d 636), or without merit. Mollen, P. J., Thompson, Weinstein and Rubin, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered April 10, 1984, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Lakritz, J.), of that branch of the defendant’s omnibus motion which was to suppress certain statements made by him to the police.

Ordered that the judgment is affirmed.

The defendant contends that the hearing court incorrectly credited the testimony of the police officers who interviewed him, and failed to credit his own testimony which indicated that his inculpatory statements were coerced. We perceive no basis to overturn the court’s determination. Issues of credibility are primarily for the hearing court to decide, and its findings should be upheld unless they are clearly erroneous (see, People v Armstead, 98 AD2d 726). We have reviewed the defendant’s other contentions and find them to be unpreserved for our review (see, People v Pellegrino, 60 NY2d 636), or without merit. Mollen, P. J., Thompson, Weinstein and Rubin, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

126 A.D.2d 764, 510 N.Y.S.2d 1022, 1987 N.Y. App. Div. LEXIS 41927, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-valencia-nyappdiv-1987.

Opinion

Related

Cite This Page — Counsel Stack