PEOPLE v. GUILLERY


267 A.D.2d 781 (1999)

701 N.Y.S.2d 150

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHIQUITA M. GUILLERY, Appellant.

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

Decided December 23, 1999.


Mugglin, J.

Defendant's principal contentions are that her prearrest statement was involuntary and should have been suppressed, that the verdict was against the weight of the evidence, that she should not have been sentenced to consecutive terms as a second felony offender and that the sentence was harsh and excessive.

With respect to the first contention, it is now settled law that "the voluntariness of a statement is generally `a question of fact to be determined...

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