PEOPLE v. CASTRO (1999)

We reject the contention of defendant that Supreme Court erred in denying his motion to suppress his confession to the police.   In denying that motion, the court credited the testimony of the police officers that they advised defendant of his Miranda warnings before questioning him and that defendant waived his rights and never requested counsel.   The determination of the suppression court to credit the testimony of the officers rather than the testimony of defendant is entitled to great weight and, because it is supported in the record, we see no basis to disturb it (see, People v. Towndrow, 236 A.D.2d 821, 822, 654 N.Y.S.2d 69, lv. denied 89 N.Y.2d 1016, 658 N.Y.S.2d 254, 680 N.E.2d 628;  People v. Stokes, 212 A.D.2d 986, 987, 623 N.Y.S.2d 55, lv. denied 86 N.Y.2d 741, 631 N.Y.S.2d 622, 655 N.E.2d 719).   We likewise reject the contention of defendant that his plea was not knowingly, voluntarily and intelligently entered (see, People v. Nixon, 21 N.Y.2d 338, 355, 287 N.Y.S.2d 659, 234 N.E.2d 687, cert. denied sub nom. Robinson v. New York, 393 U.S. 1067, 89 S.Ct. 721, 21 L.Ed.2d 709).

Judgment unanimously affirmed.

MEMORANDUM: