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PEOPLE v. RYKACZEWSKI

121 A.D.2d 409 (1986)

The People of the State of New York, Respondent, v. Gregory Rykaczewski, Also Known as Gregory Rykezewski, Appellant

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

June 2, 1986

Judgment affirmed.

Under the totality of circumstances, Criminal Term properly found that the defendant's confession was not involuntary as a matter of law. We find the contentions raised by the defendant to be unpersuasive. Although the defendant's breath had the odor of alcohol, the evidence did not indicate that he was intoxicated to the point of rendering his confession involuntary (see, People v Schompert...

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