Opinion
Argued December 1, 2000.
January 16, 2001.
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered March 22, 1999, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Calabrese, J.), of that branch of the defendant's omnibus motion which was to suppress his statement to law enforcement authorities.
Marianne T. Byrne, Brooklyn, N.Y., for appellant, and appellant pro se.
Denis Dillon, District Attorney, Mineola, N.Y. (Bruce W. Whitney and Judith R. Sternberg of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, ACTING P.J., CORNELIUS J. O'BRIEN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that his refusal to sign a document acknowledging that he had waived his Miranda rights (see, Miranda v. Arizona, 384 U.S. 436) demonstrated that his statement to the police was involuntary. This contention is without merit (see, North Carolina v. Butler, 441 U.S. 369; People v. Davis, 55 N.Y.2d 731; People v. Rivas, 175 A.D.2d 186; People v. Ridgeway, 101 A.D.2d 555, affd 64 N.Y.2d 952).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review, not properly before this court, or without merit (see, CPL 470.05; People v. Ashwal, 39 N.Y.2d 105; People v. Fontana, 267 A.D.2d 398; People v. Velez, 256 A.D.2d 135).