THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. CHRISTOPHER PEAY DEFENDANT APPELLANT (2010)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum:  Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of robbery in the second degree (Penal Law § 160.10 [1], [2][b] ).  We reject the contention of defendant that the written and oral statements he made to the police while in custody and after waiving his Miranda rights were coerced and that County Court therefore erred in refusing to suppress them.  “The voluntariness of a confession is to be determined by examining the totality of the circumstances surrounding the confession” (People v. Coggins, 234 A.D.2d 469, 470;  see People v. Scott, 212 A.D.2d 1047, affd 86 N.Y.2d 864).   Here, the record of the suppression hearing supports the court's determination that the statements were not coerced, i.e., defendant received no promises in exchange for making the statements nor was he threatened in any way, and the court's determination is entitled to great deference (see generally People v. Prochilo, 41 N.Y.2d 759, 761).   Contrary to the further contention of defendant in his main and pro se supplemental briefs, the sentence is not unduly harsh or severe.   We have considered the remaining contention in defendant's pro se supplemental brief and conclude that it is without merit.

Patricia L. Morgan

Clerk of the Court