Opinion
September 27, 1993
Appeal from the County Court, Suffolk County (Namm, J.).
Ordered that the judgment is affirmed.
The record does not support the defendant's claim that the complainant and his relatives were acting as agents of the police at the time he was questioned about who had sent him to the subject premises. The inculpatory statements made by the defendant were not given in response to interrogation by the police or their agent, and there is nothing in the record to suggest that the statements were involuntarily obtained by the use or threatened use of physical force upon the defendant. Accordingly, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress the statements made by him to private citizens (see, People v Ray, 65 N.Y.2d 282; People v Miller, 137 A.D.2d 626, 628-629).
We have considered the defendant's remaining contention and find it to be without merit. Bracken, J.P., Sullivan, Miller and Ritter, JJ., concur.