103 A.D.2d 935 | N.Y. App. Div. | 1984
— Appeal from a judgment of the County Court of Clinton County (Feinberg, J.), rendered January 3, 1983, upon a verdict convicting defendant of the crime of manslaughter in the first degree. 11 Donna Stout was killed at her Clinton County residence on May 25, 1982 by multiple blows to her head with an axe. Defendant, a member of the United States Air Force stationed at Plattsburgh and acquainted with Stout, met with police that day and on several occasions thereafter to discuss his possible involvement in her death. He was arrested on May 28,1982 after signing a written confession. He was indicted on two counts of murder in the second degree (Penal Law, § 125.25, subds 1, 2) and convicted following a jury trial of the crime of manslaughter in the first degree (Penal Law, § 125.20, subd 2). Defendant now appeals from the judgment of conviction. H The main thrust of defendant’s appeal concerns the admissibility of his confession. He argues that his confession should have been suppressed because (1) it was the product of a custodial interrogation which lacked probable cause, (2) the investigating police impermissibly coerced him into giving the confession, and (3) his right to counsel was violated. On each of these issues, the suppression court ruled in favor of the prosecution. In reviewing the suppression court’s rulings we note that, where different inferences may be drawn from the proof, the choice of inferences rests with the trier of fact and should not be rejected by an appellate court unless unsupported as a matter of law (see, e.g., People v Yukl, 25 NY2d 585, 588, cert den 400 US 851; People v Leonti, 18 NY2d 384, 390; People v Close, 90 AD2d 562, 564; People v Munro, 86 AD2d 683, 684; People v McNeeley, 77 AD2d 205, 208-209). 11 The suppression court found that defendant was not in custody prior to his confession and that, therefore, the question of whether probable cause existed before that point was moot. Testimony