Majority
p. 930The People of the State of New York, Respondent, v Harold C. Rushmore, Jr., Appellant.
Appeal by defendant from a judgment of the County Court, Nassau County, rendered September 24, 1976, convicting him of manslaughter in the second degree, upon a guilty plea, and imposing sentence. The appeal brings up for review the denial, after a hearing, of defendant’s motion to suppress oral and written statements. Judgment affirmed. Upon the record, the "totality of the circumstances” surrounding the confession indicates, beyond a reasonable doubt, that it was voluntarily made (see Clewis v Texas, 386 US 707 , 708; People v Anderson, 42 NY2d 35 , 38; People v Leonard, 59 AD2d 1 , 12-13). Hargett, J. P., Rabin, Titone and Hollen, JJ., concur.
Cases cited
- Clewis v. Texas 386 US 707 at 708 p. 930
- People v. Anderson 42 NY2d 35 at 38 p. 930
- People v. Leonard 59 AD2d 1 at 12-13 p. 930