Opinion
October 12, 1993
Appeal from the Supreme Court, Nassau County (Thorp, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to support his conviction is not preserved for appellate review (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in a light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v DeAndressi, 146 A.D.2d 642). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15).
The hearing court did not err in denying the defendant's motion to suppress certain incriminating statements because the "totality of the circumstances" indicated that the defendant knowingly, voluntarily, and effectively waived his right to remain silent by orally agreeing to talk, even though he refused to sign a written waiver (see, People v. Ridgeway, 101 A.D.2d 555, 562, affd 64 N.Y.2d 952; People v. Ross, 158 A.D.2d 560, 561).
The trial court did not improvidently exercise its discretion in restricting cross-examination of a People's witness (see, People v. Thomas, 46 N.Y.2d 100, 105; People v. Ashner, 190 A.D.2d 238).
Further, the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
We have examined the defendant's remaining contentions, including those raised in his supplemental pro se brief, and find them to be without merit. Bracken, J.P., Balletta, Eiber and Copertino, JJ., concur.