People v. Parson

• Decision Date: 23 November 1994
• Citation: 619 N.Y.S.2d 372,209 A.D.2d 882
• Parties: The PEOPLE of the State of New York, Respondent, v. Christopher PARSON, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 372

619 N.Y.S.2d 372

209 A.D.2d 882

The PEOPLE of the State of New York, Respondent, v. Christopher PARSON, Appellant.

Supreme Court, Appellate Division Third Department.

Nov. 23, 1994.

Roger M. Fritts, Public Defender (Jeanne M. Heran, of counsel), Albany, for appellant.

Sol Greenberg, Dist. Atty. (John Maney, of counsel), Albany, for respondent.

Before MIKOLL, J.P., and MERCURE, CREW, WHITE and YESAWICH, JJ.

MIKOLL, Justice Presiding.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered June 18, 1993, upon a verdict convicting defendant of the crime of murder in the second degree.

Shortly before her murder at about 3:00 P.M. on September 20, 1992, the victim telephoned the Capital District Psychiatric Center Crisis Unit (hereinafter CDPC) in the City of Albany Police Department and advised that defendant, her estranged boyfriend, was at her residence threatening their 11-month-old infant. When responding police officers arrived at the scene they encountered defendant bleeding and semiconscious. He was transported to a hospital where emergency surgery was performed on chest wounds which were apparently sustained in an altercation with the victim. Defendant was given general anesthesia between 5:15 P.M. and 7:00 P.M. that evening. Police Detective George McNally questioned defendant at about 11:45 P.M. and obtained an inculpatory statement from him.

Defendant was subsequently indicted on two counts of murder in the second degree charging him with the murder of his estranged girlfriend by ligature strangulation. County Court denied defendant's motion to suppress his inculpatory statement on the ground that it was involuntary. Thereafter, defendant was tried before a jury and found guilty on the first count, charging murder in the second degree in violation of Penal Law § 125.25(1), and sentenced to an indeterminate term of imprisonment of 25 years to life. This appeal ensued.

The judgment of conviction should be affirmed. Defendant's argument that County Court erred in finding that his inculpatory statement was voluntarily made and admissible at trial because the anesthesia administered to him at the hospital rendered him unable to knowingly and intelligently waive his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694) and to respond to questioning is without merit. County Court, after conducting a suppression hearing, concluded upon sufficient evidence that the statement was voluntarily and knowingly given and that defendant was capable of understanding and waiving his Miranda rights. County Court found that McNally conversed with medical personnel and was told it would be appropriate to speak to defendant, that defendant was alert, awake and able to comprehend and respond to questions. County Court rejected the conflicting opinion testimony of defendant's expert, finding it speculative, and accepted the conflicting testimony of McNally which County Court concluded was supported by the hospital records. The credibility issues raised at the hearing were within the province of County Court to resolve (see, People v. Hollowell, 187 A.D.2d 755, 590 N.Y.S.2d 762). Viewing the totality of the circumstances, as we must, we conclude that there is sufficient evidence to support County Court's finding of voluntariness (see, People v. Schultz, 161 A.D.2d 970, 971, 557 N.Y.S.2d 543, lv. denied 76 N.Y.2d 944, 563 N.Y.S.2d 73, 564 N.E.2d 683).

Defendant's contention that his inculpatory statement was improperly admitted into evidence is rejected. The statement was amply supported by corroborative evidence (see, CPL 60.50) including the pathologist's findings, the testimony of police officers relative to the...