People v. Hodges
| Citation | 58 A.D.3d 642,2009 NY Slip Op 00226,869 N.Y.S.2d 912 |
| Decision Date | 13 January 2009 |
| Docket Number | 2006-04588.,2007-06462. |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM HODGES, Appellant. |
| Court | New York Supreme Court Appellate Division |
Ordered that the judgments are affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress certain incriminating statements the defendant made to detectives during an interview. The credibility determinations of the hearing court are entitled to great deference on appeal, and its conclusions will not be set aside unless manifestly erroneous or unsupported by the record (see People v Rivera, 27 AD3d 489, 490 [2006]). The record supports the hearing court's determination to credit the detectives' testimony, which established that the defendant's right to counsel had not attached when the defendant made the statements to the detectives (see People v Jenneman, 37 AD3d 736, 737 [2007]). Furthermore, the defendant's contention that his due process rights were violated by the detectives' failure to videotape the interview is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, is without merit (see People v Nelson, 52 AD3d 534, 535 [2008]; People v Rosas, 30 AD3d 545 [2006], affd 8 NY3d 493 [2007]).
The defendant's remaining contention has been rendered academic in light of our determination.
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...January 13, 2009, the Appellate Division found that the hearing court properly denied defendant's suppression motion. People v. Hodges. 58 A.D.3d 642, 869 N.Y.S.2d 912 (2d Dept.), appeal denied, 12 N.Y.3d 817, 908 N.E.2d 933, 881 N.Y.S.2d 25 (2009). The court noted that "[t]he credibility d......
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