Opinion
April 5, 1985
Appeal from the Oneida County Court, Buckley, J.
Present — Hancock, Jr., J.P., Callahan, Boomer, Green and Schnepp, JJ.
Judgment unanimously affirmed. Memorandum: Defendant's statement to the police during booking was not the product of "subtle maneuvering" by the police designed to evoke an admission from him ( see, People v. Rivers, 56 N.Y.2d 476, 479-480; cf. People v. Lanahan, 55 N.Y.2d 711; People v. Lucas, 53 N.Y.2d 678). It resulted from the response of the police officer to defendant's questions and was properly admitted into evidence as a spontaneous declaration. Moreover, the unobjected-to failure of the trial court to instruct the jury on the requirements for corroboration (Penal Law § 130.16, 130.30 Penal, 260.11 Penal) may not be reviewed by us as a matter of law ( see, People v. Karabinas, 63 N.Y.2d 871; People v. Johnson, 61 N.Y.2d 656; People v. Creech, 60 N.Y.2d 895). Other issues raised have been examined and found to be without merit.