Opinion
July 6, 1987
Appeal from the County Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
The suppression court correctly ruled that none of the identification procedures conducted by the police were improper (see, People v. Cicero, 119 A.D.2d 687, lv denied 68 N.Y.2d 666; People v. Bookhart, 117 A.D.2d 739; People v. Brown, 123 A.D.2d 875; People v. Dennis, 125 A.D.2d 325). The motion to suppress the defendant's statements was also correctly denied since it was established at the hearing that the statements were spontaneous and were not the product of any interrogation by the police (see, People v. Lynes, 49 N.Y.2d 286; People v. Harrell, 87 A.D.2d 21, affd 59 N.Y.2d 620).
The court's Sandoval ruling was not an abuse of discretion (see, People v. Bennette, 56 N.Y.2d 142; People v. Sandoval, 34 N.Y.2d 371; People v. Cherry, 106 A.D.2d 458).
Viewing the evidence in the light most favorable to the People, we find that it is sufficient as a matter of law to support the defendant's conviction of the crimes charged (see, People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932). Moreover, upon the exercise of our factual review power we are satisfied that the evidence established the defendant's guilt beyond a reasonable doubt. The question of whether the defendant was so intoxicated as to be unable to form the requisite intent presented issues of fact and credibility which were for the jury to resolve and its determination was not against the weight of the evidence (see, People v. Lopez, 121 A.D.2d 472).
The sentence imposed was appropriate under the circumstances of this case. Rubin, J.P., Kooper, Spatt and Harwood, JJ., concur.