Opinion
2001-07597.
July 26, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered August 16, 2001, convicting him of criminal possession of a weapon in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial (Rienzi, J.), after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement authorities.
Before: Santucci, J.P., Schmidt, Townes and Rivera, JJ., concur.
Ordered that the judgment is affirmed.
The defendant made certain statements to a particular detective who, in effect, delayed his arraignment in order to be able to question him before his right to counsel attached ( cf. People v. Samuels, 49 NY2d 218). The defendant contends that this rendered his statements involuntary. However, his contention is unpreserved for appellate review ( see CPL 470.05). In any event, his contention is without merit, as the totality of the circumstances shows that his statements were voluntarily made ( see People v. Ramos, 99 NY2d 27).
The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).
The defendant's remaining contentions, raised in his supplemental pro se brief, either are unpreserved for appellate review ( see CPL 470.05), or without merit.