Majority
p. 211The People of the State of New York, Respondent, v Alfredo Li, Appellant. [653 NYS2d 98]
Judgment, Supreme Court, New York County (James Leff, J., at suppression hearing; Jeffrey Atlas, J., at jury trial), rendered December 20, 1995, convicting defendant of manslaughter in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, and sentencing him to concurrent terms of 5 to 15 years, 5 to 15 years, and 2⅓ to 7 years, unanimously affirmed.
Defendant’s statements were not the product of unlawful detention (see, People v Morales, 42 NY2d 129 , 137-138, cert denied 434 US 1018 ). We agree with the hearing court’s find
p. 212
ings that defendant voluntarily accompanied the police to the precinct to assist in the investigation of this case; that questioning of defendant was conducted in a conversational, non-accusatory manner, with breaks of up to one-half hour during which time defendant was left alone and unrestrained in an interview room; and that defendant voluntarily gave written statements to the police and consented to the police search and processing of his van "to maintain his facade of innocence” (People v Yukl, 25 NY2d 585 , 591-592, cert denied 400 US 851 ). Concur—Ellerin, J. P., Wallach, Williams, Tom and Andrias, JJ.
Cases cited
- People v. Morales 42 NY2d 129 at 137-138 p. 211
- People v. Yukl 25 NY2d 585 at 591-592 p. 212