Opinion
March 12, 1993
Appeal from the Monroe County Court, Egan, J.
Present — Callahan, J.P., Pine, Lawton, Boomer and Davis, JJ.
Judgment unanimously modified as a matter of discretion in the interest of justice and as modified affirmed in accordance with the following Memorandum: Defendant's contention that his statement should have been suppressed based on a violation of Payton v. New York ( 445 U.S. 573) was not raised before the suppression court and is unpreserved for our review (see, People v. Martin, 50 N.Y.2d 1029). We decline to reach that issue in the interest of justice. We modify, however, to provide that all sentences run concurrently (see, CPL 470.15 [b]).