Opinion
Argued May 24, 2001.
August 6, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weissman, J.), rendered July 22, 1997, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of defendant's omnibus motion which was to suppress statements he made to law enforcement officials.
Robert C. Mitchell, Riverhead, N.Y. (James H. Miller III of counsel), for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Thomas C. Costello, Michael J. Miller, and Marion M. Tang of counsel), for respondent.
Before: WILLIAM D. FRIEDMANN, J.P., ANITA R. FLORIO, NANCY E. SMITH, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
We find no basis to disturb the hearing court's finding that the defendant's statement at the police station, made before he was given Miranda warnings (see, Miranda v. Arizona, 384 U.S. 436), was spontaneous, and therefore admissible (see, People v. Huffman, 61 N.Y.2d 795). In addition, the evidentiary ruling which precluded the defendant from introducing at trial evidence of a collateral nature was proper (see, People v. Aska, 91 N.Y.2d 979).
The County Court properly denied the defendant's application for youthful offender status (see, People v. Harper, 270 A.D.2d 431).
FRIEDMANN, J.P., FLORIO, SMITH and COZIER, JJ., concur.