Opinion
February 21, 1995
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to prove beyond a reasonable doubt that his confession was voluntary is unpreserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, a review of the totality of the circumstances indicates that the defendant's statements were voluntarily made, as the defendant was not subjected to continuous interrogation while at the police station, was lucid and responsive, was given food, was sufficiently rested, and was not subjected to abuse or mistreatment (see, People v. Sohn, 148 A.D.2d 553). Moreover, there is no evidence demonstrating that the police used any deception or strategems so fundamentally unfair as to deny the defendant due process (see, People v. Kogut, 176 A.D.2d 757).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Ritter, J.P., Pizzuto, Friedmann and Goldstein, JJ., concur.