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—Appeal by the defendant from a judgment of the Supreme Court, Kings
*527 County (Egitto, J.), rendered December 10, 1982, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress a statement made by him to law enforcement officials.Ordered that the judgment is affirmed.
The charges arose out of an incident in which the defendant was observed by police officers tossing a loaded firearm into some bushes. We conclude that the defendant’s challenge to the admissibility of a pr e-Miranda statement he made to one officer, while in a patrol car, in response to a question asked by the officer, regarding the whereabouts of a gun, is unpreserved for appellate review because its admissibility was not objected to during the Huntley hearing (see, CPL 470.05 [2]; People v Martin, 50 NY2d 1029). In any event, this statement would fall within the public safety exception of the Miranda rule (see, New York v Quarles, 467 US 649). Further, the defendant’s statements to another officer, in the precinct house, were voluntarily made after he was properly given Miranda warnings (see, People v Casiano, 123 AD2d 712).
The defendant’s contention that the People failed to prove his guilt beyond a reasonable doubt is unpreserved for appellate review. In any event, viewing the evidence adduced at trial in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Mangano, P. J., Bracken, Fiber and Pizzuto, JJ., concur.
Document Info
Citation Numbers: 191 A.D.2d 526, 595 N.Y.S.2d 61
Filed Date: 3/8/1993
Precedential Status: Precedential
Modified Date: 1/13/2022