Opinion
Submitted March 13, 2000.
April 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Y. Lewis, J.), rendered March 26, 1998, convicting him of robbery in the first degree (two counts), upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements he made to law enforcement authorities.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jacqueline M. Linares of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, SONDRA MILLER, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant uttered an inculpatory statement immediately after a detective read the Miranda warnings and informed him that he was arrested for carjacking (see, Miranda v. Arizona, 384 U.S. 436 ). The detective's brief, declarative statement cannot reasonably be construed as likely to elicit an incriminating response (see,People v. Porter, 251 A.D.2d 601 ; People v. Zanders, 241 A.D.2d 531 ;People v. McAdoo, 166 A.D.2d 674 ). Thus, the hearing court properly determined that the defendant's statement was voluntary and spontaneous.