Opinion
June 20, 1988
Appeal from the Supreme Court, Queens County (Chetta, J.).
Ordered that the judgment is affirmed.
The hearing court properly denied the defendant's motion to suppress his confessions to a police detective and an Assistant District Attorney. The record establishes that the defendant's initial outburst to the detective upon his arrest that he was "glad it was all over" was a spontaneous statement and was not elicited by interrogation or by "police conduct which should reasonably have been anticipated to evoke a declaration from the defendant" (People v Lynes, 49 N.Y.2d 286, 295; see also, People v Ferro, 63 N.Y.2d 316, cert denied 472 U.S. 1007; People v Suarez, 140 A.D.2d 558). Furthermore, the hearing court's finding that the remainder of the defendant's statements were made after he had been fully advised of and had knowingly and voluntarily waived his Miranda rights is supported by the credible evidence and, therefore, should not be disturbed (see, People v Barksdale, 140 A.D.2d 531; People v Armstead, 98 A.D.2d 726).
Finally, the defendant's claim that the hearing court improperly denied his motion for a separate trial was waived by entry of his guilty plea (see, People v Thomas, 74 A.D.2d 317, affd 53 N.Y.2d 338; People v Smith, 41 A.D.2d 893). Lawrence, J.P., Weinstein, Spatt and Balletta, JJ., concur.