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PEOPLE v. SOUTH

47 A.D.3d 734 (2008)

849 N.Y.S.2d 603

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAOUL SOUTH, Appellant.

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

Decided January 15, 2008.

Ordered that the judgment is affirmed.

The defendant improperly relies upon portions of his trial testimony to support his challenge to the police witnesses' testimony on the issue of the voluntariness of his statements. Inasmuch as the defendant did not testify at the hearing, and a suppression determination must be based upon the evidence before the hearing court (see People v Gonzalez, 55 N.Y.2d...

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