Opinion
March 16, 1990
Appeal from the Chautauqua County Court, Adams, J.
Present — Denman, J.P., Pine, Lawton, Davis and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends, for the first time on appeal, that his statements to the police should have been suppressed because they resulted from an arrest at his home without a warrant and in the absence of exigent circumstances (Payton v New York, 445 U.S. 573). That issue was not raised before the suppression court and, therefore, is not preserved for appellate review (see, People v Smith, 55 N.Y.2d 888, 890; People v Gonzalez, 55 N.Y.2d 887, 888; People v Martin, 50 N.Y.2d 1029, 1030-1031; see also, People v Claudio, 64 N.Y.2d 858).
Further, we reject defendant's contention that his statements should have been suppressed because his waiver of his privilege against self-incrimination was not knowing and voluntary. The record does not demonstrate any violation of defendant's right to counsel. Defendant was given proper Miranda warnings and he did not request an attorney or invoke his right to remain silent (see, People v Burnett, 99 A.D.2d 786, 787).