PEOPLE v. WASHINGTON


182 A.D.2d 791 (1992)

The People of the State of New York, Respondent, v. Herbert Washington, Appellant

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

April 20, 1992


Ordered that the judgment is affirmed.

The defendant stated at the Huntley hearing that his statements to the police were basically the product of coercion and that he was not advised of his Miranda rights. However, this testimony was contradicted by the testimony of the investigating officer, which created a question of credibility for the hearing court, whose findings should not be disturbed absent a showing that they are clearly erroneous (see...

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