Opinion
2001-03770
Submitted November 15, 2002.
December 2, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 20, 2001, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Allen Fallek of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Karol B. Mangum of counsel), for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant argues that since he did not receive Miranda warnings (see Miranda v. Arizona, 584 U.S. 436) before giving his initial statement to the police, the trial court's voluntariness charge was erroneous because the court instructed the jury that it need not consider the timing of when the warnings were required to be given. However, the defendant did not object to the charge on this ground. Thus, the defendant failed to preserve this issue for appellate review (see CPL 470.05; People v. Rispoli, 226 A.D.2d 746, 747). In any event, the charge, taken as a whole, adequately set forth the legal standards that the jury had to apply in its evaluation of the defendant's statements (see People v. Bowen, 134 A.D.2d 356).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., KRAUSMAN, LUCIANO and COZIER, JJ., concur.