Opinion
October 19, 1993
Appeal from the Supreme Court, New York County, Donald Mark, J., Brenda Soloff, J.
On this record, there is no basis to disturb the suppression court's findings on credibility (see, People v. Garafolo, 44 A.D.2d 86, 88). Defendant's claim that the court failed to give, sua sponte, a cautionary instruction with respect to the statement he made to the arresting officer is not preserved and we decline to review it in the interest of justice (see, People v. Shuff, 168 A.D.2d 348, lv denied 77 N.Y.2d 967).
Concur — Rosenberger, J.P., Ellerin, Ross and Asch, JJ.