Opinion
2002-05138.
Decided June 1, 2004.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered May 21, 2002, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
Trevor L.F. Headley, Brooklyn, N.Y., for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Kieran T. Byrne and Valerie A. Livingston of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, ROBERT A. SPOLZINO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials. The defendant's initial inculpatory statement was not the result of custodial interrogation ( see People v. Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851; People v. Davis, 224 A.D.2d 541), and his subsequent inculpatory statements were voluntarily given after he was properly informed of his Miranda rights ( see Mirando v. Arizona, 384 U.S. 436) and agreed to waive them ( see People v. Huntley, 15 N.Y.2d 72; People v. Anderson, 260 A.D.2d 386).
The defendant received the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
PRUDENTI, P.J., KRAUSMAN, TOWNES and SPOLZINO, JJ., concur.