Opinion
October 16, 1989
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the judgment is affirmed.
We find that the hearing court did not err in ruling that the defendant's statement would be admissible at trial. This statement, in which the defendant admitted to having sexual intercourse with the complainant, but denied that he had raped her, was volunteered to the police after he had been advised of his constitutional rights (see, People v Hamilton, 138 A.D.2d 625). The statement was neither made in response to custodial interrogation nor elicited through coercion (see, People v Leonard, 59 A.D.2d 1). Additionally, we agree with the hearing court that the defendant's arrest was based upon probable cause, to wit, the accusation by the complainant that he had raped her (see, People v Cotton, 143 A.D.2d 680; People v Sanders, 79 A.D.2d 688; People v Crespo, 70 A.D.2d 661).
Furthermore, viewing the evidence in a 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 beyond a reasonable doubt. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
We have reviewed the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Lawrence, Kunzeman and Eiber, JJ., concur.