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People v. Saunders

159 A.D.2d 449 Court N.Y. App. Div. Decision date 1990-03-29 English

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p. 449
The People of the State of New York, Respondent, v John Saunders, Appellant.

Judgment, Supreme Court, Bronx County (Gerald Sheindlin, J.), rendered June 13, 1986, after a jury trial, convicting defendant of arson in the second degree (Penal Law § 150.15), for which he was sentenced to 5 to 15 years’ imprisonment, unanimously affirmed.

Viewing the evidence in a light most favorable to the People (People v Contes, 60 NY2d 620 ), we conclude that any rational trier of fact could have found defendant guilty beyond a reasonable doubt. The circumstantial evidence excluded to a moral certainty any inference inconsistent with guilt (People v Kennedy, 47 NY2d 196 , 202). Defendant’s challenge to the credibility of witnesses was for the jury to resolve (People v Montanez, 41 NY2d 53 , 57).

The hearing court did not err to the extent that it denied defendant’s motion to suppress defendant’s inculpatory statements, and we defer to its findings of credibility People v Prochilo, 41 NY2d 759 , 761). Defendant’s physical condition did not detract from the voluntariness of defendant’s statement (see, People v Eastman, 114 AD2d 509 ; People v Pearson, 106 AD2d 588 , 589). We have examined defendant’s other contentions and find them to be without merit. Concur—Sullivan, J. P., Ross, Rosenberger, Ellerin and Rubin, JJ.

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