Opinion
March 2, 1998
Appeal from the Supreme Court, Queens County (Finnegan, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the showup identification should have been suppressed is without merit. The showup was conducted after the defendant was captured near the crime scene and was viewed promptly by the complainant. Accordingly, it was not unduly suggestive (see, People v. Riley, 70 N.Y.2d 523).
The defendant's further contention that the hearing court erred in denying his motion to suppress statements he made while in a holding cell at the police precinct is also without merit. The record reflects that the statements made by the defendant were not the result of custodial interrogation, but rather, were spontaneous. As such, they were properly admitted into evidence (see, People v. Simmons, 210 A.D.2d 441).
Citing several events at trial as well as defense counsel's purported ineffectiveness in failing to make certain pretrial applications, the defendant contends that he was denied effective assistance of trial counsel. However, certain of his claims are based on matters outside the record and, thus, are not reviewable on direct appeal (see, People v. Smalls, 236 A.D.2d 491). To the extent this contention is reviewable, the record demonstrates that the defendant was afforded meaningful representation (see, People v. Rivera, 71 N.Y.2d 705).
Viewing the evidence in the light most favorable to the prosecution (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. 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 (see, CPL 470.15).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J. P., Miller, Ritter and Krausman, JJ., concur.