PEOPLE v. COLLINS

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of arson in the third degree (Penal Law § 150.10). Contrary to the contention of defendant, County Court did not err in denying his motion to suppress a statement made by defendant to police investigators. Defendant's contention that the police coerced the statement and thus that it was not voluntary presented a credibility issue for the suppression court to resolve (see People v. Prochilo, 41 N.Y.2d 759, 761). The court's determination is not clearly erroneous, and we therefore do not disturb it (see People v. White [Ronald], 300 A.D.2d 1149 [Dec. 30, 2002]). Defendant's further contention that the court erred in ordering restitution without holding a hearing to determine the amount is not preserved for our review because defendant did not request a hearing to determine the amount and did not at sentencing otherwise challenge the amount of restitution ordered (see People v. Horne, 97 N.Y.2d 404, 414 n 3; People v. McCorkle, 298 A.D.2d 848). Finally, the sentence is neither unduly harsh nor severe.