Opinion
February 1, 1993
Appeal from the County Court, Westchester County (Cowhey, J.).
Ordered that the judgments are affirmed.
The defendant's contention that his confession should have been suppressed is without merit. At the Huntley hearing the People met their burden of going forward to show the legality of the police conduct in the first instance and proved beyond a reasonable doubt that the confession was voluntary. The defendant offered no rebuttal evidence to support his contention that his confession was coerced. Therefore, the denial of suppression was proper (see, People v Di Stefano, 38 N.Y.2d 640; People v Leftwich, 134 A.D.2d 371). At the trial, the evidence proved that the defendant asked the police if there was anything he could do to prevent his wife from being arrested. The police told him "yes", and that he could tell them where the stolen property was. Because it was the defendant himself, and not the police, who initiated this discussion, his confession was clearly voluntary (see, People v Monzon, 167 A.D.2d 357). Rosenblatt, J.P., Lawrence, Pizzuto and Santucci, JJ., concur.