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Full opinion text

OPINION OF THE COURT

On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order affirmed. Whether defendant’s remark constituted a request for counsel, and whether the defendant was induced into making statements by a promise of leniency or a police officer’s legal advice, are questions of fact. These factual issues are beyond this court’s scope of review, inasmuch as the determination denying defendant’s motion to suppress statements is supported by the record (People v McRay, 51 NY2d 594; People v Eisenberg, 22 NY2d 99).

Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.