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PEOPLE v. HILLAIRE

241 A.D.2d 530 (1997)

661 N.Y.S.2d 531

The People of the State of New York, Respondent, v. Earl St. Hillaire, Appellant

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

July 21, 1997

Ordered that the judgment is affirmed.

Although there was conflicting testimony from expert witnesses concerning whether the defendant was experiencing an alcoholic blackout when he was questioned by the police, we see no reason to disturb the factual finding of the hearing court, which had the "peculiar advantages of having seen and heard the witnesses", that the defendant knowingly and voluntarily waived his Miranda rights (People v Prochilo,

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