Opinion
July 5, 1988
Appeal from the County Court, Putnam County (Hickman, J.).
Ordered that the judgment is affirmed.
The defendant's conviction of manslaughter in the second degree arose out of the shotgun slaying of the defendant's roommate on October 4, 1984. Viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the defendant's conviction. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15).
Contrary to defendant's arguments, the record at the Huntley hearing supports the hearing court's determination that (1) the defendant's pre- Miranda statements to the arresting officers were spontaneous and not the result of custodial interrogation and (2) the defendant's subsequent statement to an investigator of the State Police was voluntarily given after he was advised of his Miranda rights (see, People v. Prochilo, 41 N.Y.2d 759; People v. Rivers, 56 N.Y.2d 476, 479, rearg denied 57 N.Y.2d 775; People v. Maerling, 46 N.Y.2d 289, 302-303).
We have reviewed the defendant's remaining arguments and find them to be either unpreserved for appellate review, or without merit (see, CPL 470.05; People v. Rumble, 45 N.Y.2d 879; People v. Suitte, 90 A.D.2d 80, 86). Mangano, J.P., Bracken, Weinstein and Balletta, JJ., concur.