Opinion
June 24, 1993
Appeal from the Supreme Court, New York County (Jeffrey Atlas, J.).
Defendant's claim that his pretrial arraignment on the special information (CPL 200.60) renders the proof of the prior conviction insufficient is unpreserved, and were we to reach it in the interest of justice, we would find it lacks merit (People v. Cooper, 78 N.Y.2d 476).
Defendant also claims that the statements he made to the arresting officer prior to his arrest should have been suppressed. However, defendant only made the statements after the arresting officer obtained information constituting probable cause. In any event, the statements were not the product of defendant's initial detention by the two officers who first arrived on the scene (cf., People v. Tariq, 170 A.D.2d 716, 717; People v. Johnson, 75 A.D.2d 715). Rather, defendant made the statements spontaneously in response to the complainants' explanation of the incident to the arresting officer (People v Rivers, 56 N.Y.2d 476). Further, the statements made by defendant after Miranda warnings were issued were made voluntarily.
We have considered the defendant's other claims and find them to be without merit.
Concur — Wallach, J.P., Kupferman, Ross and Kassal, JJ.