Opinion
May 5, 1997
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the judgment is affirmed.
The record supports the determination of the hearing court that the defendant's statement was taken prior to his attorney's entrance into the case. When reviewing a determination of a hearing court, its findings of fact and determinations of credibility must be accorded great deference, as that court had the opportunity to view the witnesses during their testimony ( People v. Prochilo, 41 N.Y.2d 759; People v. Hardy, 226 A.D.2d 652). The hearing court credited the interrogating detective's testimony that the defendant's statement was taken prior to his attorney's entrance into the proceedings, and we decline to disturb that finding ( see, People v. Slater, 173 A.D.2d 1024; see also, People v. Singletary, 135 A.D.2d 757). Therefore, the defendant's waiver of his right to counsel without counsel being present, was effective, and denial of the motion to suppress the statement was proper.
Bracken, J.P., Sullivan, Santucci and Altman, JJ., concur.