Opinion
December 9, 1985
Appeal from the Supreme Court, Kings County (Bonomo, J.).
Judgment affirmed.
As defendant was being arrested a police officer asked "where is the gun?". Defendant replied that he had no gun; "it was a pipe". Under the circumstances of this case, this statement was properly admitted as a response to a question the police properly asked in order to clarify a situation and protect themselves (see, People v Johnson, 86 A.D.2d 165, 168, affd 59 N.Y.2d 1014).
We find that the evidence was sufficient to prove defendant's guilt beyond a reasonable doubt. We have reviewed defendant's remaining contentions and find them to be without merit. Lazer, J.P., Thompson, Weinstein and Niehoff, JJ., concur.