Opinion
July 1, 1991
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
While the defendant was awaiting arraignment on arson charges, he allegedly assaulted three officers. The defendant was then taken to the office of the Nassau County Police Department's Third Detective Squad where he was handcuffed to a bench. Detective Farrell, who was assigned to investigate the assault, was standing about 14 feet from the defendant when Farrell was approached by another detective and asked about the assault. As Farrell explained what had happened, the defendant screamed out, "Yes, I hit the officers, I hit the officers. I don't know why. I just bugged out".
We reject the defendant's contention that his statements should have been suppressed. The hearing court properly found that the defendant's statements were spontaneous since an objective observer would not conclude that the police conduct was reasonably likely to elicit a response (see, People v Betancourt, 173 A.D.2d 481; see also, People v Maerling, 46 N.Y.2d 289; People v Bryant, 87 A.D.2d 873, affd 59 N.Y.2d 786). The defendant was sitting about 14 feet from where the detectives were discussing the case. Further, Detective Farrell testified that he used a conversational tone, and the conversation was not directed at the defendant nor was it designed to provoke a response from the defendant.
We further find that the testimony of the police officers who were victims of the assault, as substantiated by the objective evidence, was sufficient to establish that each of the officers suffered a "physical injury" (Penal Law § 10.00; see, People v Rojas, 61 N.Y.2d 726; People v Pagan, 160 A.D.2d 284; People v Rodriguez, 159 A.D.2d 251; People v McMahon, 157 A.D.2d 548; Matter of Christopher T., 156 A.D.2d 190; People v Murray, 156 A.D.2d 722; People v Esquilin, 141 A.D.2d 838). Bracken, J.P., Eiber, Miller and Ritter, JJ., concur.