Opinion
May 28, 1991
Appeal from the Supreme Court, Kings County (Fisher, J.).
Ordered that the judgment is affirmed.
The hearing court did not err in refusing to suppress the defendant's statement to the police. Notwithstanding the defendant's testimony to the contrary, the police testimony at the pretrial hearing established that the defendant's statement was spontaneous (see, People v Stoesser, 53 N.Y.2d 648, 650; People v Grimaldi, 52 N.Y.2d 611, 617; Richardson, Evidence, 1972-1985 Cumulative Supplement § 545 [a] [Prince 10th ed]). Keeping in mind that much weight is to be accorded the determination of the hearing court and that its findings are not to be set aside unless they are clearly erroneous (see, People v Prochilo, 41 N.Y.2d 759; People v Moore, 161 A.D.2d 733), we cannot conclude from this record that the hearing court erred in crediting the police testimony over that of the defendant (see, People v Moore, supra).
The trial court properly admitted into evidence two bullets which were found at the scene of the crime several months after it was committed. The bullets were sufficiently connected to the defendant to render them admissible (see, People v McGee, 49 N.Y.2d 48, 59, cert denied sub nom. Waters v New York, 446 U.S. 942; People v Mirenda, 23 N.Y.2d 439, 453; People v Price, 128 A.D.2d 648). Furthermore, the fact that several months had elapsed between the commission of the crime and the recovery of the bullets goes to the weight or probative force of the evidence and not its admissibility (see, People v Martinez, 115 A.D.2d 665).
The defendant's remaining contention is unpreserved for appellate review (see, CPL 470.05) and, in any event, without merit. Bracken, J.P., Kooper, Sullivan and Lawrence, JJ., concur.