Opinion
December 20, 1989
Appeal from the Erie County Court, Forma, J.
Present — Callahan, J.P., Denman, Pine, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant, along with a codefendant (see, People v Crout, 129 A.D.2d 1014, lv denied 70 N.Y.2d 645), was convicted of rape in the first degree (Penal Law § 20.00, 130.35 Penal [1]) and two counts of robbery in the second degree (Penal Law § 160.10, [2] [a]) for the forcible rape and robbery of a teen-age girl. Contrary to defendant's contention, the record is legally sufficient to support his conviction for rape based upon his actions as an accomplice (see, Penal Law § 20.00; People v Irving, 107 A.D.2d 944).
Defendant also contends that the trial court erred in failing to conduct a Huntley hearing to determine whether a statement he made to a City Court Judge at his arraignment was voluntary. The court properly denied that request because the statement was spontaneous and hence not involuntary within the meaning of CPL 60.45 (2) (b) (see, People v Sawyer, 107 A.D.2d 1045).