Opinion
May 26, 1987
Appeal from the Supreme Court, Kings County (Pesce, J.).
Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress oral statements made by him while he was in custody at the police station. The evidence established that at the time the defendant was arrested, the police had no reason to know of the defendant's pending criminal case in which he was represented by counsel (see, People v Bertolo, 65 N.Y.2d 111). The defendant's other contentions regarding the allegations that he was denied his right to counsel were not raised at the suppression hearing, and appellate review of these contentions is precluded in the absence of sufficient facts in the record to permit such review (see, People v Farinaro, 110 A.D.2d 653, 656).
Similarly, we sustain the finding by the hearing court that the defendant's statements were voluntarily made. Mangano, J.P., Bracken, Lawrence and Kooper, JJ., concur.