Opinion
December 13, 1993
Appeal from the County Court, Westchester County (Lange, J.).
Ordered that the judgment is affirmed.
The questioning of the defendant at the precinct was not a custodial interrogation and the confession made by him as a result of that questioning was properly admitted into evidence. A reasonable man in the defendant's position, innocent of any crime, would have assumed that he was free to leave the interview (see, People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851). It is clear that the defendant voluntarily accompanied the detectives who questioned him to the precinct and that both before and during the questioning he was neither restrained nor coerced in any manner.
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 of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's objection to the verdict sheet was untimely, having been made after the jury commenced its deliberations, with the result that the defendant's claim of error with respect thereto is unpreserved for appellate review (see, CPL 470.05; People v Briggs, 175 A.D.2d 167, 168; People v McKenzie, 148 A.D.2d 472).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., O'Brien, Ritter and Joy, JJ., concur.