| People v Park |
| 2007 NY Slip Op 06894 [43 AD3d 1074] |
| September 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Chang Soo Park, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, Suzanne H. Sullivan, and Karen Wigle Weiss of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter,J.), rendered April 21, 2004, convicting him of sodomy in the first degree, sexual abuse in thesecond degree, and endangering the welfare of a child, upon a jury verdict, and imposingsentence. The appeal brings up for review the denial, after a hearing (Grosso, J.), of that branchof the defendant's omnibus motion which was to suppress his statements to law enforcementofficials.
Ordered that the judgment is affirmed.
The defendant contends that his statements to the police should have been suppressed.However, the credibility determinations of a hearing court are entitled to great deference onappeal, and will not be disturbed unless clearly unsupported by the record (see People v Jenneman, 37 AD3d736 [2007]). Here, the record supports the hearing court's findings that the defendantknowingly and intelligently waived his Miranda rights (see Miranda v Arizona,384 US 436 [1966]) and voluntarily made statements to law enforcement officials.
The defendant's contention that the record developed at the Huntley hearing (seePeople v Huntley, 15 NY2d 72 [1965]) established that his statements were the product of anillegal arrest is unpreserved for appellate review (see People v Garcia, 284 AD2d 106[2001]). In any event, the defendant's request for a Dunaway hearing (see Dunaway vNew York, 442 US 200 [1979]) was properly [*2]deniedsince his supporting papers were conclusory and failed to set forth factual allegations sufficient towarrant such a hearing (see People v Scott, 182 AD2d 649 [1992]). " 'It was this rulingby the hearing court and not a failure of proof by the People that resulted in evidence of thelegality of the [arrest] remaining undeveloped' " (People v Fountaine, 269 AD2d 748[2000], quoting People v Giles, 73 NY2d 666, 671 [1989]). This Court may not rely uponthe record of the Huntley hearing to decide the merits of the unlitigated ground forsuppression raised in the defendant's omnibus motion (see People v Fountaine, supra).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Santucci, Skelos and McCarthy, JJ., concur.