Opinion
December 17, 1984
Appeal from the Supreme Court, Richmond County (Sangiorgio, J.).
Judgment affirmed.
Defendant's guilt was established by direct as well as circumstantial evidence that was sufficient to eliminate all innocent hypotheses ( People v. Kennedy, 47 N.Y.2d 196, 202). The evidence included a statement defendant made to a detective on the telephone, essentially admitting that he stabbed the victim. A proper foundation was laid for introduction of this statement, upon which the jury could conclude that defendant was the speaker ( People v. Lynes, 49 N.Y.2d 286, 291-292). Defendant was not in custody and, in any event, volunteered the inculpatory statement; hence no Miranda warnings were required ( Miranda v. Arizona, 384 U.S. 436, 478; People v. Rodney P., 21 N.Y.2d 1).
We have examined defendant's other contentions and have found them to be without merit. Mollen, P.J., Gibbons, Thompson and Bracken, JJ., concur.