Summary
In People v. Askew, 220 A.D.2d 811, 632 N.Y.S.2d 287 (N.Y.App.Div. 1995), after a police officer discovered a burglary suspect behind a refrigerator in a dark, closed restaurant, the officer asked the defendant whether anyone else was in the building.
Summary of this case from Joppy v. StateOpinion
October 12, 1995
Appeal from the County Court of Sullivan County (Lomanto, J.).
We reject defendant's contention that County Court erred in refusing to suppress his statement, "[N]o, I am in here myself", in response to the police query of whether anyone else was in the building. That inquiry was made while a police officer was securing defendant in a closed, darkened restaurant, where he was found behind the refrigerator, and obviously was prompted by the officer's concern for his own and his fellow officers' safety ( see, People v. Howard, 162 A.D.2d 615, 616, lv dismissed 76 N.Y.2d 894, lv denied 77 N.Y.2d 839).
Following rulings on various pretrial motions, defendant moved for recusal of the assigned County Judge. Thereafter, a different Judge concluded the matter and defendant now argues that we consider the propriety of the rulings made by the originally assigned Judge. In that defendant failed to raise this issue below, he has failed to preserve it for appellate review and we find no reason to reverse thereon in the interest of justice ( see, People v. Daniels, 204 A.D.2d 865). We find defendant's remaining contentions equally unavailing.
Mikoll, J.P., Casey, Yesawich Jr. and Peters, JJ., concur. Ordered that the judgment is affirmed.