Opinion
99-05734
February 25, 2002
March 11, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered June 14, 1999, convicting him of murder in the second degree and manslaughter in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Tomei, J.), of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
Sally Wasserman, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Esther Noe of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., DANIEL F. LUCIANO, SANDRA L. TOWNES, and STEPHEN G. CRANE, JJ.
ORDERED that the judgment is affirmed.
The trial court properly granted the prosecution's motion to include attempted robbery as an underlying felony for the felony murder charge, where the indictment charged the defendant with felony murder based only on robbery (see, People v. Jeanty, 268 A.D.2d 675, 677-678; see also, People v. Dixon, 221 A.D.2d 952, cert denied 519 U.S. 842; People v. Gibson, 65 A.D.2d 235, cert denied 444 U.S. 861).
Further, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials, since his statements were made after a proper arrest on a parole warrant (see, People v. Simons, 22 N.Y.2d 533, 540-541, cert denied 393 U.S. 1107; People v. Frankos, 110 A.D.2d 713).
The defendant's remaining contentions are without merit.