Majority
p. 949The People of the State of New York, Respondent, v David Bryant, Appellant. Argued June 2, 1980; decided June 24, 1980
p. 950
APPEARANCES OF COUNSEL
Lewis R. Friedman, Richard M. Asche, Herman Kaufman, Jack T. Litman, Russell M. Gioiella and Sharon L. Norton for appellant.
Mario Merola, District Attorney (David H. Fromm and Steven R. Kartagener of counsel), for respondent.
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed.
Both of the courts below found as a matter of fact that defendant voluntarily agreed to accompany the police to the station house and to submit to police interrogation. Inasmuch as this affirmed finding that defendant’s confession was not the product of illegal detention is supported by the record, it is beyond the power of this court to review. (See, e.g., People v Morales, 42 NY2d 129 , 138.) Nor can we conclude on the record before us that defendant’s confession was involuntarily obtained as a matter of law. (See, e.g., People v Casassa, 49 NY2d 668 , 681.)
Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur.
p. 951
Order affirmed in a memorandum.
Cases cited
- People v. Morales 42 NY2d 129 at 138 p. 950
- People v. Casassa 49 NY2d 668 at 681 p. 950