Opinion
May 30, 1997
Present — Denman, P.J., Green, Balio, Boehm and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly denied the motion to suppress defendant's statement to the police. The statements made by defendant before he received Miranda warnings were spontaneous and were not the product of police interrogation or its functional equivalent (see, People v Hylton, 198 A.D.2d 301, lv denied 82 N.Y.2d 925). Although there was evidence at the suppression hearing indicating that defendant appeared to be intoxicated, there was no evidence that he was so intoxicated as to render the statements inadmissible (see, People v. Schompert, 19 N.Y.2d 300, 305-307, cert denied 389 U.S. 874). (Appeal from Judgment of Onondaga County Court, Cunningham, J. — Criminal Possession Weapon, 2nd Degree.)