Opinion
February 10, 1999
Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Robbery, 1st Degree.
PRESENT: DENMAN, P. J., PINE, HAYES, WISNER AND CALLAHAN, JJ.
Judgment unanimously affirmed. Memorandum: Supreme Court properly denied the motion to suppress defendant's statements to the police. The record supports the court's determination that defendant was not in custody when he made his initial incriminating remarks ( see, People v. Yukl, 25 N.Y.2d 585, 589, rearg denied 26 N.Y.2d 883, cert denied 400 U.S. 851) and that, defendant was not thereafter interrogated in the patrol car ( see, People v. Ferro, 63 N.Y.2d 316, 322-323, cert denied 472 U.S. 1007). The sentence is neither unduly harsh nor severe.