Opinion
April 27, 1998
Appeal from the Supreme Court, Queens County (Cohen, J., at trial; O'Dwyer, J., at sentencing).
Ordered that the judgment is affirmed.
The defendant's exculpatory statements which he made upon his arrest were made after he had the opportunity to reflect and possibly fabricate (see, People v. Dalton, 217 A.D.2d 587, affd 88 N.Y.2d 561). Accordingly, those statements were not admissible as excited utterances (see, People v. Sostre, 51 N.Y.2d 958).
The defendant's remaining contentions are unpreserved for appellate review or without merit.
Rosenblatt, J.P., Copertino, Goldstein and McGinity, JJ., concur.