People v. Fong

Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered April 20, 1994, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him, as a second felony offender, to a term of l1/2 to 3 years to run consecutively to time remaining on a previous conviction, unanimously affirmed.

Giving due deference to the hearing court’s credibility determinations (People v Fonte, 159 AD2d 346, lv denied 76 NY2d 734), we find that defendant could not have reasonably believed he was under arrest when asked whether he had a…