Opinion
March 9, 1995
Appeal from the Supreme Court, New York County (Rene Uviller, J.).
The hearing court properly determined that defendant's separate statements to police officers from the Jersey City and New York police departments were voluntarily made. While alert and sitting in bed at the hospital, defendant was administered Miranda warnings, subsequent to which, without questioning from the New Jersey officers, he implicitly waived his Miranda rights by immediately denying that he had been involved in the shooting or that he had been present in New York at the time of the incident (People v. Sirno, 76 N.Y.2d 967). Moreover, the statements which defendant made to a New York City detective four hours later were not part of a continuous interrogation since defendant was never questioned by the New Jersey officers, there were no inquiries made during the four-hour interim, and he received full Miranda warnings prior to the detective's questioning (People v. Nova, 198 A.D.2d 193, lv denied 83 N.Y.2d 808). In any event, the record reveals that defendant was not impaired by any medication when he voluntarily waived his rights and gave a false explanation for his injuries, and after acknowledging his involvement in the crime, he sought to minimize his culpability.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Murphy, P.J., Sullivan, Kupferman, Asch and Mazzarelli, JJ.