Opinion
December 6, 1993
Appeal from the County Court, Suffolk County (Weissman, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Specifically, the People adduced proof, including, inter alia, statements by the defendant placing him at the murder scene as well as physical and forensic evidence, which established that the defendant killed Debra Miranda on July 7, 1987, by hitting her about the head with a blunt instrument, stabbing her repeatedly in the chest and abdomen, and setting fire to her body while she was still alive. In addition, we find that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
Contrary to the defendant's arguments, the hearing court correctly determined that his statements were admissible since they were not the product of custodial interrogation, or were made following a knowing and voluntary waiver of his Miranda rights (see, People v Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 857; People v Bailey, 140 A.D.2d 356, 359; People v Tineo, 144 A.D.2d 507; People v Giano, 143 A.D.2d 1040).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Sullivan, O'Brien and Ritter, JJ., concur.