| People v Ayers |
| 2007 NY Slip Op 06891 [43 AD3d 1071] |
| September 18, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v DuvarAyers, Appellant. |
—[*1] Michael E. Bongiorno, District Attorney, New City, N.Y. (Vered Adoni of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.),rendered June 2, 2005, convicting him of criminal possession of a weapon in the third degree andcriminal possession of a weapon in the fourth 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'somnibus motion which was to suppress statements made by the defendant to law enforcementofficials and physical evidence.
Ordered that the judgment is affirmed.
The hearing court properly denied suppression of the contested statements on the ground thatthey were spontaneous and not made in response to express questioning or the functionalequivalent thereof (see People v Rivers, 56 NY2d 476 [1982]; People v Eldridge,213 AD2d 667 [1995]; People v Davis, 261 AD2d 411 [1999]).
Contrary to the defendant's contention, the trial court's remarks during his attorney's openingstatement did not constitute reversible error (see People v Feliciano, 254 AD2d 496[1998]; People v Dukes, 236 AD2d 484 [1997]; People v Concepcion, 228 AD2d204 [1996]).
The defendant received the effective assistance of counsel (see People v Baldi, 54NY2d 137 [1981]).[*2]
The sentence imposed was not excessive (see Peoplev Suitte, 90 AD2d 80 [1982]).
The defendant's contentions raised in point II of his brief regarding suppression of physicalevidence are without merit, and his remaining contentions are unpreserved for appellate review(see CPL 470.05 [2]). Spolzino, J.P., Santucci, Florio and Angiolillo, JJ., concur.