Opinion
May 9, 1991
Appeal from the County Court of Madison County (Humphreys, J.).
Although defendant argues to the contrary, the record supports County Court's determination that defendant was not an incapacitated person and that he understood the nature of the proceedings against him and was able to assist in his own defense (see, People v Allen, 135 A.D.2d 823). Furthermore, we find no evidence in the record to support defendant's contention that the inculpatory statements he gave to the police were the result of improper police conduct or undue influence. Instead, the evidence establishes that the statements were not obtained in violation of his constitutional rights but were voluntarily, knowingly and intelligently made (see, People v Schultz, 161 A.D.2d 970, lv denied 76 N.Y.2d 944). We also agree with the court's denial of suppression of statements made by defendant upon his arrival at the police station, as they were clearly spontaneous and were not in response to any custodial interrogation (see, People v Theohary, 142 A.D.2d 620, lv denied 72 N.Y.2d 925).
Judgment affirmed. Mahoney, P.J., Casey, Mikoll, Yesawich, Jr., and Crew III, JJ., concur.