People v Espino, 2012 NY Slip Op 08662 [101 AD3d 518]

December 13, 2012

Appellate Division, First Department

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Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Jonah Knobler of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J., at suppression motion; Edward J. McLaughlin, J., at plea and sentencing), rendered May 18, 2010, as amended May 25, 2010 and September 13, 2010, convicting defendant of three counts of burglary in the second degree, and sentencing him, as a second violent felony offender, to concurrent terms of 15 years, unanimously affirmed.

The court properly denied defendant’s suppression motion. The People established the voluntariness of defendant’s statements beyond a reasonable doubt. The record supports the court’s determination to credit the police testimony and to discredit the testimony of defendant ( see People v Prochilo , 41 NY2d 759, 761 [1977]).

We perceive no basis for a reduction of sentence. Concur—Tom, J.P., Sweeny, Moskowitz, Renwick and Clark, JJ..