Opinion
June 24, 1985
Appeal from the Supreme Court, Westchester County (McMahon, J.).
Judgment affirmed, and case remitted to the Supreme Court, Westchester County, for further proceedings pursuant to CPL 460.50 (5).
It was not error for the court to deny a hearing on defendant's motion to suppress the gun in question. Defendant voluntarily surrendered the gun to Sergeant Carlson. Therefore, there was no search conducted and the issue of suppression is nonexistent ( People v. Hill, 45 A.D.2d 1028; People v. Cotton, 22 A.D.2d 692). Furthermore, the record supports the court's determination that the on-the-scene inquiries of defendant did not constitute custodial interrogation but, rather, constituted a proper investigative inquiry. Therefore, the statement made by defendant during the inquiry prior to her arrest did not require suppression ( see, People v. Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851). We have considered defendant's other contentions and find them to be unpreserved or without merit. Mollen, P.J., Lazer, Mangano and Brown, JJ., concur.