Opinion
October 23, 1995
Appeal from the Supreme Court, Kings County (Koch, J.).
Ordered that the judgment is affirmed.
The defendant's contention that he did not voluntarily waive his Miranda rights prior to making certain statements to the police is unpersuasive. At the suppression hearing, the prosecution established the legality of the police conduct and that the defendant voluntarily waived his rights. Thereafter, the defendant offered no evidence and, thus, failed to meet his burden of persuasion concerning his state of mind at the time of his waiver (see, People v. Love, 57 N.Y.2d 998; People v Billington, 163 A.D.2d 911; People v. Chavis, 147 A.D.2d 582).
The defendant's remaining contention is without merit. Rosenblatt, J.P., Pizzuto, Altman and Hart, JJ., concur.