Opinion
March 24, 1986
Appeal from the Supreme Court, Kings County (Egitto, J.).
Judgment affirmed.
There was sufficient evidence before the hearing court to support the determination that the defendant's statements were spontaneous and not the product of police interrogation. Thus, the denial of the branch of the defendant's omnibus motion which was to suppress his statement was not erroneous and must be sustained on appeal (see, People v. Johnson, 105 A.D.2d 805; see, People v. Gonzalez, 55 N.Y.2d 720, cert denied 456 U.S. 1010).
Defense counsel's failure to move to reopen the suppression hearing following trial testimony which indicated that the statement may have been made in response to police questioning (see, CPL 710.40) does not, under the circumstances of this case, demonstrate that the defendant received ineffective assistance of counsel (see, People v. Baldi, 54 N.Y.2d 137).
We have examined the defendant's remaining contentions and find them to be either unpreserved or without merit. Lazer, J.P., Bracken, Brown and Kooper, JJ., concur.