Opinion
April 20, 1998
Appeal from the County Court, Westchester County (Angiolillo, J.)
Ordered that the judgment is affirmed.
The County Court correctly determined that the defendant had voluntarily and knowingly waived his Miranda rights prior to making statements to the police and properly denied the defendant's motion to suppress those statements. The fact that in the course of his arrest five hours earlier the defendant was struck once in the head by a police officer to subdue him did not render his waiver involuntary. The evidence established that the injury was minor and that the defendant was alert, coherent, and responsive during questioning ( see, People v. Walker, 235 A.D.2d 262; People v. Jordan, 216 A.D.2d 489).
Pizzuto, J.P., Joy, Friedmann and Florio, JJ., concur.