Opinion
February 20, 1996
Appeal from the Supreme Court, Kings County (Kay, J.).
Ordered that the judgment is affirmed.
The hearing court properly denied suppression of the defendant's oral statement since that statement was voluntarily and spontaneously made ( see, People v. Rivers, 56 N.Y.2d 476). Additionally, there is no merit to the defendant's contention that he was improperly denied counsel at the preaccusatory lineup ( see, People v. LaClere, 76 N.Y.2d 670; People v. Hernandez, 70 N.Y.2d 833; People v. Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846).
Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's remaining contentions lack merit. Balletta, J.P., Joy, Krausman and Florio, JJ., concur.