Opinion
February 3, 1989
Appeal from the Supreme Court, Erie County, Stiller, J.
Present — Doerr, J.P., Boomer, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: There is ample support in the record for the court's conclusion that Joseph Tatar, a fellow inmate of defendant at the holding center, was not acting as an agent for the People when he heard defendant's incriminating statements. Similarly, there is no evidence that Tatar elicited the incriminating statement by his conduct (People v Cardona, 41 N.Y.2d 333, 335; People v Kinder, 75 A.D.2d 34, 44).
We have reviewed the other arguments raised by defendant on appeal and find them to be without merit.