People v. Baliukonis, 35 A.D.3d 626 (N.Y. App. Div. 2006). · Go Syfert
People v. Baliukonis, 35 A.D.3d 626 (N.Y. App. Div. 2006). Cases Citing This Book View Copy Cite
28 citation events (28 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Layden (Christopher) (nyappterm, 2022-03-25)
Treatment trajectory · 2007 → 2026 · click a year to view as-of
2007 2016 2026
Top citers, strongest first. 15 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Layden (Christopher)
N.Y. App. Term. · 2022 · confidence medium
There is no basis to disturb the hearing court's factual findings and credibility assessment, which are supported by the record ( see People v Prochilo , 41 NY2d 759 [1977]; People v Blinker , 80 AD3d 619, 620 [ 2011]; People v Baliukonis , 35 AD3d 626, 627 [2006]).
discussed Cited as authority (rule) People v. Newmark
N.Y. App. Div. · 2017 · confidence medium
People v Slattery, 147 AD3d 788, 790 [2017]; People v Man Lee Lo, 118 AD2d 225, 230-231 [1986]; see generally People v Paulman, 5 NY3d 122, 129 [2005]; People v Ferro, 63 NY2d 316, 322-323 [1984]), and that any statements uttered by the defendant after the administration of his Miranda rights were the product of a knowing, intelligent, and voluntary waiver (see People v Mateo, 2 NY3d 383, 414 [2004]; People v Baliukonis, 35 AD3d 626, 627 [2006]).
discussed Cited as authority (rule) People v. White
N.Y. App. Div. · 2017 · confidence medium
“The factual findings and credibility determinations of the Supreme Court following a suppression hearing are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record” (People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Blinker, 80 AD3d 619 [2011]; People v Johnson, 79 AD3d 905 [2010]; People v Castro, 73 AD3d 800, 800-801 [2010]; People v Shackleford, 57 AD3d 578 [2008]).
discussed Cited as authority (rule) People v. Cross (Kanzada)
N.Y. App. Term. · 2016 · confidence medium
Defendant's "statements after the Miranda warnings were administered were voluntarily made after [she] knowingly and intelligently waived [her] Miranda rights" ( People v Baliukonis , 35 AD3d at 627).
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2016 · confidence medium
Moreover, the court’s credibility determinations following a suppression hearing “are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record” (People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Mateo, 2 NY3d at 413 ; People v Oliver, 87 AD3d 1035, 1036 [2011]).
discussed Cited as authority (rule) People v. Gopaul
N.Y. App. Div. · 2013 · confidence medium
The credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Tandle, 71 AD3d 1176, 1178 [2010]; People v Baliukonis, 35 AD3d 626, 627 [2006]).
discussed Cited as authority (rule) People v. Gopaul
N.Y. App. Div. · 2013 · confidence medium
The credibility determinations of a hearing court are accorded great deference on appeal, and will not be disturbed unless clearly unsupported by the record (see People v Tandle, 71 AD3d 1176, 1178 [2010]; People v Baliukonis, 35 AD3d 626, 627 [2006]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2012 · confidence medium
“The credibility determinations of the hearing court ‘are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record’ ” (People v Blinker, 80 AD3d 619, 620 [2011], quoting People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Castro, 73 AD3d 800 [2010]; People v Lynch, 63 AD3d 959 [2009]; People v Shackleford, 57 AD3d 578 [2008]; People v Whyte, 47 AD3d 852 [2008]).
discussed Cited as authority (rule) People v. Green
N.Y. App. Div. · 2012 · confidence medium
“The credibility determinations of the hearing court ‘are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record’ ” (People v Blinker, 80 AD3d 619, 620 [2011], quoting People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Castro, 73 AD3d 800 [2010]; People v Lynch, 63 AD3d 959 [2009]; People v Shackleford, 57 AD3d 578 [2008]; People v Whyte, 47 AD3d 852 [2008]).
discussed Cited as authority (rule) People v. Oliver
N.Y. App. Div. · 2011 · confidence medium
The evidence presented at the suppression hearing supports the Supreme Court’s determination that the defendant’s spontaneous statements, made after a police officer arrested him but before Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) were administered, were not triggered by any police questioning or other conduct which reasonably could have been expected to elicit a statement from him (see People v Whyte, 47 AD3d 852, 853 [2008]; People v Baliukonis, 35 AD3d 626, 627 [2006]).
discussed Cited as authority (rule) People v. Shaw
N.Y. App. Div. · 2011 · confidence medium
The hearing court properly determined that the statements made by the defendant as he was being secured and placed under arrest, but before he was administered Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]), were not triggered by police questioning or other conduct which reasonably could have been expected to elicit a declaration from him (see People v Baliukonis, 35 AD3d 626, 627 [2006]).
discussed Cited as authority (rule) People v. Blinker
N.Y. App. Div. · 2011 · confidence medium
The credibility determinations of the hearing court “are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record” (People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Prochilo, 41 NY2d 759 , 761 [1977]; People v Castro, 73 AD3d 800 [2010]; People v Lynch, 63 AD3d 959 [2009]; People v Shackleford, 57 AD3d 578 [2008]; People v Whyte, 47 AD3d 852 [2008]).
discussed Cited as authority (rule) People v. Smith
N.Y. App. Div. · 2010 · confidence medium
The credibility determinations of the Supreme Court following a suppression hearing “ ‘are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record’ ” (People v Castro, 73 AD3d 800, 800 [2010], quoting People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Shackleford, 57 AD3d 578 [2008]).
discussed Cited as authority (rule) People v. Castro
N.Y. App. Div. · 2010 · confidence medium
The credibility determinations of the Supreme Court following a suppression hearing “are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record” (People v Baliukonis, 35 AD3d 626, 627 [2006]; see People v Henderson, 57 AD3d 562, 564 [2008]; People v Whyte, 47 AD3d 852, 852-853 [2008]).
examined Cited as authority (rule) People v. Whyte (3×)
N.Y. App. Div. · 2008 · confidence medium
The credibility determina tions of the Supreme Court following a suppression hearing are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record (see People v Baliukonis, 35 AD3d 626, 627 [2006]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Rimvydas Baliukonis
Appellate Division of the Supreme Court of the State of New York.
Dec 12, 2006.
35 A.D.3d 626
Cited by 24 opinions  |  Published

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gorges, J.), rendered July 6, 2005, convicting him of reckless endangerment in the second degree and attempted assault in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements made by him to law enforcement authorities.

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The defendant’s contention that the People failed to prove his identity as one of the perpetrators beyond a reasonable doubt is unpreserved for appellate review since he did not specify this ground in his motion to dismiss at trial (see CPL 470.05 [2]; People v Rodriguez, 86 NY2d 10, 19; People v Udzinski, 146[*627] AD2d 245, 250 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, resolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the trier of fact, which saw and heard the witnesses (see People v Gaimari, 176 NY 84, 94 [1903]). Its determination should be accorded great weight on appeal and should not be disturbed unless clearly unsupported by the record (see People v Garafolo, 44 AD2d 86, 88 [1974]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]).

The Supreme Court properly denied that branch of the defendant’s omnibus motion which was to suppress his statements to the police. The factual findings and credibility determinations of the Supreme Court following a suppression hearing are entitled to great deference on appeal and will not be disturbed unless clearly unsupported by the record (see People v Tissiera, 22 AD3d 611 [2005]). Here, the Supreme Court properly found that the defendant’s spontaneous statement, made after a police officer arrested him but before Miranda warnings (see Miranda v Arizona, 384 US 436 [1966]) were administered, was not triggered by any police conduct which could reasonably have been expected to evoke a declaration from him (see People v Rivers, 56 NY2d 476, 480 [1982]; People v West, 237 AD2d 315 [1997]). Additionally, the Supreme Court properly determined that the defendant’s statements after the Miranda warnings were administered were voluntarily made after he knowingly and intelligently waived his Miranda rights (see Miranda v Arizona, supra; People v Williams, 62 NY2d 285, 289 [1984]).

The defendant’s claim that his convictions are legally repugnant with one another is unpreserved for appellate review (see People v Graham, 307 AD2d 935 [2003]; People v Mayo, 277 AD2d 397 [2000]) and, in any event, this claim is without merit as the jury could have found that the defendant intended to cause physical injury while recklessly creating a grave risk that death would ensue from his actions (see People v Trappier, 87 NY2d 55, 59 [1995]). The defendant’s remaining arguments regarding repugnancy are without merit. Prudenti, P.J., Schmidt, Dillon and Covello, JJ., concur.