Opinion
July 7, 1986
Appeal from the County Court, Nassau County (Thorp, J.).
Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
We agree with the suppression court that the defendant was not in custody at the time he made the challenged statements and gave physical evidence to the police, and that this evidence is therefore admissible (see, People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851).
The defendant's claim that the court erred in not limiting the People's evidence to the factual claims in the indictment is without merit. The People were entitled to adduce that evidence which was essential to understanding the factual allegations in the indictment (see, People v Iannone, 45 N.Y.2d 589, 599; People v Pattison, 97 A.D.2d 852).
We see no reason to disturb the defendant's sentence. Mollen, P.J., Lazer, Thompson and Kunzeman, JJ., concur.