Opinion
December 20, 1993
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is affirmed.
This case arises from the attempted robbery and burglary at a home in Nassau County that resulted in the shooting death of the owner. The defendant was convicted as an accomplice.
Contrary to the defendant's assertions on appeal, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt as an accomplice beyond a reasonable doubt (see, People v Kaplan, 76 N.Y.2d 140; People v Whatley, 69 N.Y.2d 784; People v White, 162 A.D.2d 646; Penal Law § 20.00). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We find that the hearing court correctly determined that the statements made by the defendant while in custody that were offered against him at trial were neither taken in violation of his rights under Miranda v Arizona ( 384 U.S. 436; see, People v Banks, 135 A.D.2d 643; People v Gomez, 127 A.D.2d 606), nor involuntary (see, People v Anderson, 42 N.Y.2d 35; People v McAvoy, 142 A.D.2d 605; People v Leonard, 59 A.D.2d 1). The hearing court also correctly found that the defendant's arrest was supported by probable cause (see, People v Bigelow, 66 N.Y.2d 417; People v Javier, 175 A.D.2d 182; People v Lewis, 172 A.D.2d 775; People v Mitchell, 170 A.D.2d 542; People v Nelson, 79 A.D.2d 171, cert denied 454 U.S. 869) and that there was no need to call the actual identifying witness concerning the alleged suggestivity of a pretrial identification from a photographic array (see, People v Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833).
We have considered the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Ritter, JJ., concur.