Opinion
November 19, 1993
Appeal from the Oneida County Court, Murad, J.
Present — Pine, J.P., Lawton, Fallon, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: By failing to raise the invalidity of the arrest warrant as a ground for suppression of his later statement and of the victim's identification testimony, defendant has failed to preserve that issue for review (see, People v Fenner, 61 N.Y.2d 971, 973; People v Hall, 61 N.Y.2d 834, 835; People v Cintron, 118 A.D.2d 650; People v Arnette, 111 A.D.2d 861, 862, lv denied 65 N.Y.2d 976). The record of the suppression hearing amply supports the suppression court's conclusion that defendant's statement was spontaneous and not the product of custodial interrogation. We conclude that defendant's conviction for sodomy in the first degree is supported by sufficient evidence and is not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490, 495).