Opinion
2001-05833
Argued June 17, 2003.
August 4, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 18, 2001, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement authorities.
Laura R. Johnson, New York, N.Y. (Lorca Morello of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel), for respondent.
Before: A. GAIL PRUDENTI, P.J., SANDRA L. TOWNES, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his statement to the police while in custody should have been suppressed is unpreserved for appellate review ( see CPL 470.05; People v. Wright, 249 A.D.2d 570, 571; People v. Jackson, 241 A.D.2d 526). In any event, the totality of the circumstances indicate that the statement was made voluntarily, and the deception employed by the police to obtain the statement did not render it involuntary ( see People v. Bush, 278 A.D.2d 334).
The defendant's contention that his conviction was against the weight of the evidence is without merit. Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
PRUDENTI, P.J., TOWNES, MASTRO and RIVERA, JJ., concur.