PEOPLE v. LEGGIO (2003)

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered January 23, 1996, convicting him of attempted rape in the first degree, upon his plea of guilty, and imposing sentence.   The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement authorities.

ORDERED that the judgment is affirmed.

 Contrary to the defendant's contention, the County Court properly denied that branch of his motion which was to suppress statements he made while being interviewed at the police station.   It is well settled that the factual findings and credibility determinations of the hearing court are entitled to great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v. Prochilo, 41 N.Y.2d 759, 761, 395 N.Y.S.2d 635, 363 N.E.2d 1380;  People v. Esposito, 301 A.D.2d 660, 753 N.Y.S.2d 880;  People v. Ellerbe, 265 A.D.2d 569, 570, 697 N.Y.S.2d 643).   Here, the uncontradicted testimony of the two police witnesses supports the determination that the defendant willingly accompanied a New York State Trooper to the police station, where he voluntarily waived his Miranda rights (see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) before making the statements he now challenges on appeal.   Accordingly, the determination must be upheld (see People v. Heitman, 282 A.D.2d 619, 620, 723 N.Y.S.2d 391).

 Furthermore, the County Court providently exercised its discretion in denying the defendant's motion to withdraw his plea of guilty.   The record demonstrates that the defendant knowingly, voluntarily, and intelligently pleaded guilty (see People v. Alexander, 97 N.Y.2d 482, 486, 743 N.Y.S.2d 45, 769 N.E.2d 802;  People v. Telfair, 299 A.D.2d 429, 749 N.Y.S.2d 436, lv. denied 99 N.Y.2d 620;  People v. Rangolan, 295 A.D.2d 543, 744 N.Y.S.2d 861;  People v. Fernandez, 291 A.D.2d 456, 737 N.Y.S.2d 545).