Opinion
Submitted May 25, 1999
July 6, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered November 8, 1996, convicting him of kidnapping in the second degree, attempted robbery in the first degree (three counts), attempted grand larceny in the second degree, criminal possession of a weapon in the second degree, and unlawful imprisonment in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Clabby, J.), of that branch of the defendant's omnibus motion which was to suppress statements made by him to law enforcement officials.
Judah Maltz, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicole Beder of counsel; Sabine L. Noisette on the brief), for respondent.
LAWRENCE J. BRACKEN, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's inculpatory statements to a detective were made voluntarily after the defendant had been read the Miranda rights and had knowingly and intelligently waived them ( see, People v. Torres, 220 A.D.2d 785).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).