Opinion
December 14, 1987
Appeal from the County Court, Orange County (Hillery, J.).
Ordered that the judgment is affirmed.
The defendant claims that the Newburgh police detectives should not have questioned him because they knew he had charges pending against him in Bronx County. Although the detectives did know of certain charges against the defendant, upon which the defendant was represented by counsel, before they questioned him, they learned that the defendant had been sentenced in absentia on those charges and they were no longer pending. Moreover, during the questioning, the defendant denied there were pending matters and did not seek the aid of counsel.
Under these circumstances the finding of the County Court that the defendant was not represented by counsel when he was questioned and that his statements were voluntary must be given great weight (see, People v Casiano, 123 A.D.2d 712, lv denied 69 N.Y.2d 744). The police were under no obligation to make further inquiry as to the defendant's representation since they knew he had been sentenced (see, People v Marshall, 98 A.D.2d 452).
The sentence imposed in this case was the one the defendant had bargained for and should not be disturbed (see, People v Kazepis, 101 A.D.2d 816).
The defendant's other claims have either not been preserved for appellate review (see, People v Pellegrino, 60 N.Y.2d 636), or were waived by his plea of guilty (see, People v Kazmarick, 52 N.Y.2d 322). Brown, J.P., Weinstein, Kooper and Sullivan, JJ., concur.