Opinion
September 23, 1999
Judgments, Supreme Court, New York County (Martin Rettinger, J., at hearing; George Daniels, J., at pleas and sentences), rendered September 16, 1997, convicting defendant of robbery in the second degree, criminal possession of a weapon in the third degree and attempted assault in the second degree, and sentencing him, as a second felony offender, to concurrent terms of 10 years, 2 to 4 years, and 1 1/2 to 3 years, respectively, unanimously affirmed.
Patricia Curran for respondent.
Cynthia Feathers for defendant-appellant.
ELLERIN, P.J., TOM, MAZZARELLI, WALLACH, LERNER, JJ.
Defendant's motion to suppress statements was properly denied. The record supports the hearing court's finding that defendant's initial refusal to speak to a particular detective was due to personal animosity and was not an unequivocal invocation of the right to remain silent (see, People v. Coppin, 202 A.D.2d 279 lv denied 83 N.Y.2d 966). Thus, defendant's partially exculpatory statement to a second police officer was properly found to be admissible as the product of a valid waiver of his Miranda rights.
We perceive no abuse of sentencing discretion.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.