Opinion
February 2, 1990
Appeal from the Monroe County Court, Maloy, J.
Present — Dillon, P.J., Denman, Green, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: There is no merit to defendant's contentions that the evidence was legally insufficient to support his conviction for manslaughter in the second degree and that the court's verdict was contrary to the weight of evidence. The evidence, viewed in the light most favorable to the People (see, People v Thompson, 72 N.Y.2d 410, rearg denied 73 N.Y.2d 870; People v Ford, 66 N.Y.2d 428), sufficiently established that defendant, a competition-level weight lifter and person of considerable strength, recklessly caused the death of the female victim by holding her tightly by the chest and throat until she ceased resisting (see, People v Ross, 122 A.D.2d 538, lv denied 68 N.Y.2d 816). Also without merit are defendant's assertions that proof of the cause of death impermissibly varied from the allegations of the indictment and that his sentence was harsh or excessive.
We affirm the denial of defendant's motion to suppress statements made at the police station. Defendant telephoned police and made arrangements to speak with them at the station. At an arranged time, officers in plain clothes met defendant at his grandmother's residence. Defendant told his grandmother he would return in a few minutes and then voluntarily accompanied police in their unmarked car. He was not handcuffed or restrained in any way, and police gave no indication that he was not free to go. Defendant was advised of his Miranda rights at the station, voluntarily waived those rights and made an oral statement that was reduced to a writing. Defendant then voluntarily signed the written statement. Under the circumstances, defendant was not in custody when the statements were made (see, People v Anderson, 145 A.D.2d 939, lv denied 73 N.Y.2d 974; People v Ribble, 77 A.D.2d 814), and suppression should have been denied upon that ground (see, People v Bertolo, 65 N.Y.2d 111, 116).