—[*1] Steven Banks, The Legal Aid Society, New York City (Harold V. Ferguson, Jr., of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Melissa Pennington of counsel), for respondent.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J., at hearing; Arlene R. Silverman, J., at plea and sentence), rendered August 22, 2006, convicting defendant of burglary in the third degree, adjudicating him a youthful offender, and sentencing him to a term of five years' probation, unanimously affirmed.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 NY2d 759, 761 [1977]). The credible police testimony adduced at the hearing satisfied the People's burden of establishing that defendant agreed to waive his Miranda rights. To the extent that defendant is arguing that suppression of his statement is warranted as a sanction for the loss of a Miranda warnings form, we find that argument without merit. Concur—Tom, J.P., Buckley, Sweeny and Moskowitz, JJ.