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PEOPLE v. AYALA

287 A.D.2d 371 (2001)

731 N.Y.S.2d 613

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILFREDO AYALA, Appellant.

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

Decided October 23, 2001.

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see, People v Prochilo, 41 N.Y.2d 759, 761). Evidence properly credited by the court established that defendant was not under the influence of alcohol or drugs at the time he waived his rights and made a voluntary statement.

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