Opinion
January 25, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered September 22, 1998, convicting him of burglary in the second degree, burglary in the third degree (two counts), criminal mischief in the fourth degree, and petit larceny, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing (Roman, J.), of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement authorities.
M. Sue Wycoff, New York, N.Y. (Annamatesha N. Beason of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Beverly Kalman of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The record supports the hearing court's determination that the statement made by the defendant before he was given the Miranda warnings was spontaneous and not the product of police interrogation or its functional equivalent (see, People v. Winfield, 267 A.D.2d 486; People v. Georgiou, 236 A.D.2d 623; People v. Hylton, 198 A.D.2d 301; People v. Garcia, 190 A.D.2d 749; Miranda v. Arizona, 384 U.S. 436).