Opinion
Submitted May 4, 1999
June 21, 1999
Appeal by the defendant from a judgment of the County Court, Nassau County (Mackston, J.), rendered October 29, 1997, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements made by him to law enforcement officials.
Carway Flipse, Mineola, N.Y. (Adrienne Flipse Hausch of counsel), for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Karen Wigle Weiss, Denise Pavlides, and Leigh Neren of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention regarding the legal sufficiency of the evidence is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858; People v. Terry, 148 A.D.2d 478). 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
Contrary to the defendant's contention, the hearing court properly denied that branch of his omnibus motion which was to suppress a written confession that he made to law enforcement officials. The hearing testimony established that he knowingly and intelligently waived his Miranda rights before speaking with the detective who took the statement, and voluntarily gave the statement ( see, Miranda v. Arizona, 384 U.S. 436; People v. Vanegas, 237 A.D.2d 469; People v. Anthony, 165 A.D.2d 876; People v. Zuluaga, 148 A.D.2d 480).
The defendant's remaining contentions are without merit.