Opinion
October 5, 1990
Appeal from the Erie County Court, Lomanto, J.
Present — Callahan, J.P., Doerr, Boomer, Green and Balio, JJ.
Judgment unanimously affirmed. Memorandum: The court properly denied defendant's motion to suppress. The record establishes that defendant was not so intoxicated that he was unable to comprehend the Miranda warnings (see, Miranda v. Arizona, 384 U.S. 436) he was given and that he knowingly and voluntarily waived his rights (see, People v. Schompert, 19 N.Y.2d 300, 305-307, cert denied 389 U.S. 874; People v. Williams, 147 A.D.2d 515, 516; People v. Perry, 144 A.D.2d 706). We also conclude that the verdict was supported by the weight of the evidence and that the evidence was legally sufficient (see, People v. Bleakley, 69 N.Y.2d 490, 495).