Opinion
March 17, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered June 24, 1998, convicting him of robbery in the first degree, robbery in the second degree, and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress a statement made by him to law enforcement officials.
Lynn W. L. Fahey, New York, N.Y. (Katherine R. Schaefer of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Anthony Luis of counsel; Lorrie A. Zinno on the brief), for respondent.
WILLIAM C. THOMPSON, J.P., SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the record supports the hearing court's conclusion that his incriminating statement was spontaneous and not the result of the functional equivalent of interrogation ( see, People v. Bryant, 87 A.D.2d 873, affd 59 N.Y.2d 786; see also, People v. Little, 204 A.D.2d 351; People v. Betancourt, 173 A.D.2d 481; People v. Bonacorsa, 115 A.D.2d 546; cf., People v. McConnell, 233 A.D.2d 867).
THOMPSON, J.P., FEUERSTEIN, SCHMIDT, and SMITH, JJ., concur.