Opinion
October 18, 1993
Appeal from the Supreme Court, Queens County (Demakos, J.).
Ordered that the judgment is affirmed.
On February 26, 1988, Police Officer Edward Byrne was shot to death while he sat in his patrol car in Jamaica, Queens, guarding the home of a witness in a drug case. On March 4, 1988, the defendant voluntarily went to the 103rd Precinct. After advising him of his Miranda rights, Detective Steven Weiner proceeded to interview the defendant.
We find unpersuasive the defendant's contention that he was unable to voluntarily and intelligently waive his Miranda rights. There was no evidence adduced at the hearing which suggested that during the interview, the defendant's questioners exploited his religious beliefs. Insofar as the defendant relies upon the detective's trial testimony to support his position, we note that we are precluded from relying on trial testimony in determining whether a hearing court acted properly (see, People v. Riley, 70 N.Y.2d 523; People v. Hucks, 175 A.D.2d 213, 214).
The defendant also argues that the court erred in failing to charge the jury that it could find that a prosecution witness was an accomplice whose testimony had to be corroborated (see, CPL 60.22). This argument must be rejected, since under no reasonable view of the evidence could the witness have been considered an accomplice (see, People v. Digugliemo, 124 A.D.2d 743).
We also find no error in the court's refusal to comply with the jury request that the defense counsel's summation be reread, since the content of counsel's summation was not evidence (see, People v. Foster, 118 A.D.2d 654).
The defendant's remaining contentions have been reviewed and are without merit. Thompson, J.P., Ritter, Santucci and Joy, JJ., concur.