Opinion
May 10, 2000.
Appeal from Judgment of Cattaraugus County Court, Himelein, J. — Criminal Sale Controlled Substance, 3rd Degree.
Judgment unanimously affirmed.
Before: Wisner, J. P., Hurlbutt, Balio and Lawton, JJ.
Memorandum:
County Court properly denied defendant's motion to suppress an inculpatory remark allegedly made during the booking process. The remark was made after defendant "requested and obtained a brief response from the arresting officer as to why he was being charged" ( People v. Rivers, 56 N.Y.2d 476, 478, rearg denied 57 N.Y.2d 775). We conclude that the officer's response was "a simple statement of fact, not provocative in any sense" ( People v. Howard, 60 N.Y.2d 999, 1001; see, People v. Arch, 265 A.D.2d 868, lv denied 94 N.Y.2d 860). We reject defendant's contentions that the conviction is not supported by legally sufficient evidence and that the verdict is against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). Finally, the sentence is neither unduly harsh nor severe.