Opinion
June 8, 2001.
(Appeal from Judgment of Wyoming County Court, Griffith, J. — Aggravated Harassment of Employee by Inmate.)
PRESENT: GREEN, J.P., HAYES, WISNER, KEHOE AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant contends that the People should have been precluded from using a statement made by defendant to a correction officer based on their failure to file a CPL 710.30 notice with respect to that statement. Defendant was convicted of aggravated harassment of an employee by an inmate (Penal Law § 240.32) for having thrown urine and feces at the correction officer, and the statement was made by defendant to the correction officer immediately after that act. We agree with County Court that a CPL 710.30 notice was not required under these circumstances because the statement was made both spontaneously and as part of the criminal act ( see, People v. Turner, 233 A.D.2d 932, 934, lv denied 89 N.Y.2d 1102; People v. McCaskell, 217 A.D.2d 527, 528, lv denied 87 N.Y.2d 848; People v. Copes, 200 A.D.2d 680, 681, lv denied 85 N.Y.2d 861). In any event, any error regarding the People's failure to provide proper notice and the court's failure to preclude the People from using the statement is harmless ( see, People v. Evans, 256 A.D.2d 520, lv denied 93 N.Y.2d 970; People v. Taylor, 155 A.D.2d 630, lv denied 76 N.Y.2d 743). The sentence is neither unduly harsh nor severe.