PEOPLE v. DAILY

Defendant's suppression motion was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record (see, People v. Prochilo, 41 N.Y.2d 759, 761). The accomplice's statements admitting his own criminal activity and implicating defendant were against the accomplice's penal interest and provided probable cause for defendant's arrest (see, People v. McCann, 85 N.Y.2d 951, 953). The reliability of the accomplice's statements was further established by information independently verified by the police (People v. Comforto, 62 N.Y.2d 725, 727; People v. Calise, 256 A.D.2d 64,lv denied 93 N.Y.2d 851). The hearing record, including defendant's testimony, supports the court's finding that there was no violation ofPayton v. New York ( 445 U.S. 573). The evidence clearly establishes that defendant consented to the police entry into his apartment, and his claim that he merely submitted to the authority of the police officers is contradicted by his own hearing testimony.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.