Opinion
April 14, 1997
Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered June 17, 1996, adjudicating him a youthful offender, upon a jury verdict finding him guilty of robbery in the second degree (three counts), and imposing sentence. The appeal brings up for review the denial, after a hearing (Mogil, J.), of that branch of the defendant's omnibus motion which was to suppress a statement made by him to law enforcement authorities.
Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
The hearing court properly determined that the defendant's statement was spontaneously made and was not the product of police conduct which the police should have known was reasonably likely to elicit an incriminating response ( see, Rhode Is. v Innis, 446 U.S. 291, 301; People v. Gonzales, 75 N.Y.2d 938, cert denied 498 U.S. 833).
Contrary to the defendant's contention, 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 establish his guilt of robbery in the second degree beyond a reasonable doubt ( see, Penal Law § 20.00, 160.10 Penal [1]; People v Dennis, 146 A.D.2d 708, affd 75 N.Y.2d 821, 822; People v. Mills, 198 A.D.2d 236; People v. Robinson, 127 A.D.2d 860).
The defendant's claim with respect to the trial court's charge is unpreserved for appellate review ( see, People v. Gray, 86 N.Y.2d 10, 19; People v. Buckley, 75 N.Y.2d 843; People v. Nuccie, 57 N.Y.2d 818).
The defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Pizzuto, Florio and McGinity, JJ., concur.