Opinion
February 18, 1986
Appeal from the County Court, Rockland County (Meehan, J.).
Judgment affirmed.
At the time the police first confronted the defendant they knew that the victim, a child, had been sexually assaulted by a male, that the assault had occurred between 10:00 A.M., and 11:30 A.M., on January 30, 1984, and that, insofar as anyone knew, the defendant was the only male who had been with the child during that period. It therefore appeared more likely than not that a crime had been committed, that the defendant was its perpetrator, and that probable cause existed for his arrest (see, People v Carrasquillo, 54 N.Y.2d 248). Under the totality of the circumstances (see, People v. Anderson, 42 N.Y.2d 35), the People met their burden of establishing that the defendant's statements subsequent to his arrest were voluntary. His statement that he might want to consult a lawyer was not sufficient to invoke his right to counsel (see, People v Rowell, 59 N.Y.2d 727; People v. Esposito, 115 A.D.2d 927). Bracken, J.P., Lawrence, Eiber and Kooper, JJ., concur.