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PEOPLE v. OCCELIN

57 A.D.3d 292 (2008)

868 N.Y.S.2d 525

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILNERSON OCCELIN, Also Known as TYRONE EVANS, Appellant.

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

December 11, 2008.

The court properly denied defendant's motion to suppress statements. There is no basis for disturbing the court's credibility determinations (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]), including its finding that defendant orally waived his Miranda rights prior to any questioning. The totality of the circumstances establishes that the statements were voluntarily made (see...

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