Opinion
October 2, 1997
Appeal from Supreme Court, New York County (Rena Uviller, J., at hearing; Herbert Altman, J., at jury trial and sentence).
Suppression of statements made by defendant before Miranda warnings was properly denied since the statements were not made in response to police interrogation. The challenged actions and words of the arresting officers had legitimate purposes and, under the circumstances, the arresting officers had no reason to expect that their conduct was reasonably likely to elicit an incriminating response ( People v. Ferro, 63 N.Y.2d 316, 319, cert denied 472 U.S. 1007).
Under the particular circumstances herein, we find that defendant was not prejudiced by the summary denial of his motion to suppress certain physical evidence. The challenged portions of the People's summation were responsive to defendant's summation and do not warrant reversal ( see, People v. Galloway, 54 N.Y.2d 396). We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Sullivan, J.P., Ellerin, Williams, Tom and Colabella, JJ.