Opinion
December 2, 1991
Appeal from the Supreme Court, Queens County (Clabby, J.).
Ordered that the judgment is affirmed.
The hearing court did not err in refusing to suppress the defendant's confession. There is nothing in the hearing minutes which would indicate that the defendant did not voluntarily waive his right to remain silent (cf., People v Valerius, 31 N.Y.2d 51). Although the defendant argues that there was evidence adduced at trial which would indicate otherwise, evidence subsequently admitted on trial cannot be used to support or contradict the hearing testimony. Accordingly, the defendant's contention is without merit (see, People v Dodt, 61 N.Y.2d 408; People v Gonzalez, 55 N.Y.2d 720, cert denied 456 U.S. 1010).
Furthermore, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the knife found in his vehicle since it was recovered during an inventory search and the vehicle was impounded at the time (see, People v Thomas, 163 A.D.2d 438; People v Bute, 172 A.D.2d 550; People v Gallego, 155 A.D.2d 687).
Viewing the evidence in the 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
We find that the defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).
We have examined the defendant's remaining contentions, and find that they are either unpreserved for appellate review or without merit. Bracken, J.P., Harwood, Eiber and Rosenblatt, JJ., concur.