People v Espino

People v Espino 2012 NY Slip Op 08662 Decided on December 13, 2012 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 13, 2012
Tom, J.P., Sweeny, Moskowitz, Renwick, Clark, JJ.
8813 1331/09

[*1]The People of the State of New York, Respondent,

v

Raul Espino, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Allen Fallek
of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Jonah
Knobler of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J. at suppression motion; Edward J. McLaughlin, J. at plea and sentencing), rendered May 18, 2010, as amended May 25, 2010 and September 13, 2010, convicting defendant of three counts of burglary in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 15 years, unanimously affirmed.

The court properly denied defendant's suppression motion. The People established the voluntariness of defendant's statements 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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: DECEMBER 13, 2012

CLERK