PEOPLE v. KELLER

Ordered that the order is affirmed.

Based upon our independent review of the testimony at the suppression hearing (see, e.g., People v. Acosta, 74 A.D.2d 640), we conclude that the People failed to meet their burden of establishing beyond a reasonable doubt the voluntariness of the defendant's statement (see, People v. Anderson, 42 N.Y.2d 35, 38; People v. Feingold, 106 A.D.2d 583, 584). Harwood, J.P., O'Brien, Ritter and Copertino, JJ., concur.