Opinion
March 8, 1996
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Pine, J.P., Wesley, Balio, Davis and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: Defendant forfeited any challenge to the adequacy of the People's CPL 710.30 notice when, instead of moving to preclude, he moved for suppression and Supreme Court, after a Huntley hearing, refused to suppress ( see, People v Jackson, 200 A.D.2d 856, 858, lv denied 83 N.Y.2d 872). In any event, review of that issue is precluded by defendant's failure to include the CPL 710.30 notice in the stipulated record ( see, People v Velez, 223 A.D.2d 414; People v Calderon, 223 A.D.2d 380; People v Peak, 214 A.D.2d 1012, lv denied 86 N.Y.2d 800). The testimony of a police witness that defendant made oral statements not set forth in his written statements does not establish that those oral statements were made involuntarily, and the court properly refused to suppress those statements.