Opinion
December 17, 1990
Appeal from the County Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
The statement made by the defendant to one of his codefendants during his detention, after his arrest, which was overheard by law enforcement officials, was not the result of custodial interrogation and, in fact, was spontaneously made (see, People v. Bryant, 87 A.D.2d 873, affd. 59 N.Y.2d 786; see also, People v. Rogers, 52 N.Y.2d 527, cert. denied 454 U.S. 898). Thus, the hearing court did not err in refusing to suppress it.
The defendant's contention that his right to confrontation was violated by the introduction into evidence of his nontestifying codefendant's admission (see, Bruton v. United States, 391 U.S. 123), has not been preserved for appellate review (see, People v. Russell, 71 N.Y.2d 1016). In any event, the contention is without merit, as the codefendant's admission neither explicitly nor implicitly inculpated the defendant (see, People v. Anderson, 153 A.D.2d 893; People v. Quinones, 141 A.D.2d 569).
Viewing the evidence, which was not entirely circumstantial, in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish beyond a reasonable doubt that the defendant acted in concert with his codefendants to commit the crimes of which he was convicted.
We have considered the defendant's remaining contention and find that it does not warrant reversal. Thompson, J.P., Brown, Kunzeman and Miller, JJ., concur.