Opinion
August 7, 1995
Appeal from the County Court, Dutchess County (Marlow, J.).
Ordered that the judgment is affirmed.
The defendant contends that the hearing court erred in failing to suppress his audiotaped statement to the police. Considering the strength of the evidence against the defendant, including the testimony of three eyewitnesses to the crime, and that the defendant's testimony was more inculpatory than his audiotaped statement, any error in admitting the statement at trial was harmless beyond a reasonable doubt (see, People v. Crimmins, 36 N.Y.2d 230, 237; People v. Carter, 197 A.D.2d 530, 531).
In view of the violent nature of the offense and the defendant's lack of remorse, we cannot say that the sentencing court improvidently exercised its discretion in denying the defendant youthful offender status (see, People v. Vera, 206 A.D.2d 494; People v. Poe, 158 A.D.2d 558, 559). Thompson, J.P., Ritter, Copertino and Hart, JJ., concur.