| People v Brown |
| 2007 NY Slip Op 08087 [44 AD3d 966] |
| October 23, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MavisBrown, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lott, J.),rendered May 7, 2003, convicting her of robbery in the first degree, upon a jury verdict, andimposing sentence. The appeal brings up for review the denial, after a hearing, of that branch ofthe defendant's omnibus motion which was to suppress her statements to law enforcementofficials.
Ordered that the judgment is affirmed.
Under the totality of the circumstances (see People v Prochilo, 41 NY2d 759, 761[1977]), the hearing court properly declined to suppress the defendant's multiple statements tolaw enforcement officials about the underlying incident (see People v Yukl, 25 NY2d585, 589 [1969], cert denied 400 US 851 [1970]; People v Daniels, 35 AD3d 756, 757 [2006]; People v Wilson,261 AD2d 560, 561 [1999]). Great deference must be accorded to "the determination of thesuppression court with its peculiar advantages of having seen and heard the witnesses"(People v Prochilo, 41 NY2d at 761; see People v Ellerbe, 265 AD2d 569, 570[1999]), in finding that the defendant, inter alia, voluntarily agreed to accompany the police tothe precinct, was not physically restrained, never protested or requested an attorney, and was readand waived her Miranda rights (see Miranda v Arizona, 384 US 436, 444-445[1966]), prior to answering questions and giving inculpatory statements (see People vCentano, 76 NY2d 837, 838 [1990]; People v Gonzalez, 138 AD2d 622, 623[1988]).
The defendant's remaining contention is unpreserved for appellate review (see CPL[*2]470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]).Miller, J.P., Goldstein, Skelos and Balkin, JJ., concur.