Opinion
February 18, 1992
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence to an indeterminate term of 5 to 10 years imprisonment; as so modified, the judgment is affirmed.
We disagree with the defendant's contention that the statements he made to a detective should have been suppressed. The defendant made the statements after he had been advised of his rights pursuant to Miranda v. Arizona ( 384 U.S. 436), and after he had knowingly, intelligently, and voluntarily waived those rights. The detective who interviewed him testified that although the defendant's injured arm was "heavily bandaged", he appeared otherwise to be in good physical condition. The defendant did not indicate to the detective that he was under the influence of medication, or that he was having pains in the arm. Thus, the record belies any claims that his will was "so overborne by [his] claimed physical and emotional impairment as to render [his] statements involuntary" (People v. Bell, 131 A.D.2d 859, 861, citing People v. Adams, 26 N.Y.2d 129, cert denied 399 U.S. 931).
We find that the sentence was excessive to the extent indicated.
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or meritless. Sullivan, J.P., Eiber, O'Brien and Ritter, JJ., concur.