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PEOPLE v. COLEY

33 A.D.3d 383 (2006)

822 N.Y.S.2d 503

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DERRICK COLEY, Appellant.

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

Decided October 10, 2006.

The court properly denied defendant's motion to suppress statements. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The hearing evidence establishes that defendant orally agreed to waive his Miranda rights, and we find no significance in the absence of a notation on the Miranda form affirmatively acknowledging...

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