Opinion
January 10, 1991
Appeal from the County Court of Sullivan County (Vogt, J.).
We initially find that since defendant's statements to the undercover police officers during the drug transaction were spontaneous and not involuntary, County Court did not err in failing to conduct a Huntley hearing (see, People v McDuffie, 156 A.D.2d 992, 993), and the People were not even required to provide defendant with a notice of intention to offer such statements (see, People v Wells, 133 A.D.2d 385, 386, lv denied 70 N.Y.2d 939). With respect to defendant's claim that the evidence adduced at the trial failed to prove his guilt beyond a reasonable doubt, mainly because the testimony was not believable, a review of the record reveals that any questions of credibility of the witnesses were properly resolved by the jury and, therefore, its findings will not be disturbed by this court (see, People v Hunt, 158 A.D.2d 543, 544). Finally, we find no abuse of discretion in County Court's imposition of the concurrent prison sentences of 8 1/3 to 25 years (see, People v Gibbons, 156 A.D.2d 263, lv denied 75 N.Y.2d 919; People v Ramos, 155 A.D.2d 252, 254, lv denied 75 N.Y.2d 816).
Judgment affirmed. Mahoney, P.J., Casey, Weiss, Yesawich, Jr., and Levine, JJ., concur.