People v. Flemming
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtEgan Jr., J.
We affirm. Initially, we reject defendant’s assertion that County Court erred in denying her motion to suppress her written statement. “Whether a statement is voluntary is a factual question to be determined from the totality of the circumstances” (People v Heesh, 94 AD3d 1159, 1160 [2012] [citations omitted], lv denied 19 NY3d 961 [2012]; see People v Button, 56 AD3d 1043, 1044 [2008], lv dismissed 12 NY3d 781 [2009]), and the suppression court’s credibility determinations, if supported by the record as a whole, will not be disturbed (see People v Button, 56 AD3d at 1044; People v Davis, 18…
2Cases cited8 opinions
- People v. DanielsNew York Court of Appeals · 1975
- People v. DavisAppellate Division of the Supreme Court of the State of New York · 2005
- People v. ThompsonAppellate Division of the Supreme Court of the State of New York · 2010
- People v. PouliotAppellate Division of the Supreme Court of the State of New York · 2009
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by2 opinions
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