Opinion
December 27, 1993
Appeal from the Supreme Court, Queens County (Matthews, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court did not err in denying suppression of cocaine, weapons, and drug paraphernalia because the hearing testimony demonstrated that the defendant consented to the officers' presence in his apartment (see, People v Adams, 53 N.Y.2d 1, 9, cert denied 454 U.S. 854). Additionally, the defendant's statements to the police were admissible because they were spontaneous and not the result of a custodial interrogation (see, People v Rios, 123 A.D.2d 404).
Contrary to the defendant's contentions, viewing the evidence adduced at trial in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), including the evidence of the weight of the cocaine possessed by the defendant, 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 of guilt was not against the weight of the evidence (see, CPL 470.15).
The sentence imposed was not unduly harsh or excessive.
We have examined the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Balletta, O'Brien and Santucci, JJ., concur.