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PEOPLE v. SPIVACK

111 A.D.2d 884 (1985)

The People of the State of New York, Respondent, v. Douglas Spivack, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 17, 1985

Judgment affirmed.

In the instant case the primary issue in finding that defendant freely and voluntarily waived his constitutional rights was one of credibility. Since the hearing court's findings were not clearly erroneous, they should be upheld (People v Armstead, 98 A.D.2d 726). The circumstances in this case do not indicate that the police denied defendant's parents access to him in an effort to bar the exercise of defendant...

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