PEOPLE v. McLANE


256 A.D.2d 10 (1998)

682 N.Y.S.2d 24

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES McLANE, Appellant.

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

Decided December 1, 1998.


Defendant's motion to suppress his videotaped statement was properly denied. We see no reason to disturb the hearing court's determination to credit the detectives' testimony that they did not facilitate, or even know of, defendant's consumption of alcohol before questioning him (People v Prochilo, 41 N.Y.2d 759, 761). The People met their burden of proving beyond a reasonable doubt that, under the totality of the circumstances,...

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