PEOPLE v. LI (1997)

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 21/313 to 7 years, unanimously affirmed.

Defendant's statements were not the product of unlawful detention (see, People v. Morales, 42 N.Y.2d 129, 137-138, 397 N.Y.S.2d 587, 366 N.E.2d 248, cert. denied 434 U.S. 1018, 98 S.Ct. 739, 54 L.Ed.2d 765).   We agree with the hearing court's findings 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 N.Y.2d 585, 591-592, 307 N.Y.S.2d 857, 256 N.E.2d 172, cert. denied 400 U.S. 851, 91 S.Ct. 78, 27 L.Ed.2d 89).

MEMORANDUM DECISION.