Opinion
November 7, 1984
Appeal from the Monroe County Court, Mark, J.
Present — Dillon, P.J., Callahan, Doerr, Denman and O'Donnell, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's statements were voluntary and not, as defendant asserts, improperly induced by misleading police comments ( People v Tarsia, 50 N.Y.2d 1; People v Yerdon, 51 A.D.2d 875; People v Rittenhouse, 37 A.D.2d 866). Additionally, since defendant failed to raise a factual issue regarding a violation of his Miranda rights by the arresting officers, there was no burden. on the People to produce those officers at the suppression hearing (cf. People v McGregor, 84 A.D.2d 610).