Opinion
Decided September 8, 1994
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, Charles T. Maloy, J.
Edward J. Nowak, Public Defender of Monroe County, Rochester (Drew R. DuBrin of counsel), for appellant.
Howard R. Relin, District Attorney of Monroe County, Rochester (Mark W. Pedersen of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be affirmed.
Sufficient evidence exists to support the hearing court's determination that defendant voluntarily consented to accompany the police officers to the station on March 13, 1991, and was not in custody when he made an exculpatory statement (see, People v Yukl, 25 N.Y.2d 585, 588-589, cert denied 400 U.S. 851).
Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.
On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 N.Y.CRR 500.4), order affirmed in a memorandum.