Opinion
Submitted October 19, 1999
November 30, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Naro, J.), rendered November 22, 1996, convicting him of kidnapping in the first degree (four counts), burglary in the first degree, robbery in the first degree (three counts), robbery in the second degree (three counts), and assault in the second degree (four counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Clabby, J.), of that branch of the defendant's omnibus motion which was to suppress statements made by him to law enforcement officials.
Steven A. Feldman, Roslyn, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Young C. Lee of counsel), for respondent.
DAVID S. RITTER, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court correctly found the defendant's confession to be admissible. The defendant knowingly, voluntarily, and intelligently waived his right to remain silent ( see, People v. Ridgeway, 101 A.D.2d 555; see also, People v. McDowell, 202 A.D.2d 1021; People v. Slaughter, 163 A.D.2d 342, 345-346 ).
The defendant's contention that the evidence that he acted in concert to kidnap and rob the victims was legally insufficient is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Ings, 248 A.D.2d 485). In any event, 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 ( see, CPL 470.15). Moreover, the verdict was not against the weight of the evidence.
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
RITTER, J.P., JOY, GOLDSTEIN, and McGINITY, JJ., concur.