Opinion
September 20, 1984
Appeal from the County Court of Franklin County (Plumadore, J.).
Upon reading the record as a whole and applying the applicable standards, we find that the New York State Police had probable cause to arrest defendant when they took him into custody on the morning of April 29, 1982 (see People v Brnja, 50 N.Y.2d 366, 372; People v Bouton, 50 N.Y.2d 130, 135-136).
In our view, the oral and written statements obtained from defendant were properly ruled to be admissible. Defendant was not questioned in violation of Miranda v Arizona ( 384 U.S. 436). Conflicting testimony concerning whether those rights were given to defendant created a question of credibility for the trial court to resolve. We find no reason to disturb the trial court's determination in that regard.
Moreover, defendant's contentions that the Miranda warnings were insufficient and not waived by him will not be considered since defendant did not raise these issues before the trial court and preserve them for appellate review (see People v Tutt, 38 N.Y.2d 1011, 1013; see, also, People v MacKay, 98 A.D.2d 732).
We find no merit to defendant's arguments that the lineup was improper and unfair, that the search warrants were not supported by probable cause, or that the trial court abused its discretion in refusing to recuse itself.
Finally, defendant's assertion that the sentence imposed was excessive is rejected. The sentence was in all respects lawful and we decline to substitute our discretion for that of the trial court (see People v Suitte, 90 A.D.2d 80).
Judgment affirmed. Kane, J.P., Main, Weiss, Mikoll and Levine, JJ., concur.