Opinion
January 21, 1986
Appeal from the Supreme Court, Queens County (Di Tucci, J.).
Judgment affirmed.
The record discloses that the statements made by defendant while in custody after his arrest were spontaneous and were not made in response to any police interrogation. The record establishes that the police did not question defendant about the attempted burglary or engage in any conduct reasonably likely to elicit an incriminating response from him (see, Rhode Is. v Innis, 446 U.S. 291; People v Ferro, 63 N.Y.2d 316, cert denied ___ US ___, 105 S Ct 2700; People v Bryant, 59 N.Y.2d 786). Defendant's statements were therefore admissible. We have reviewed defendant's remaining contentions and find that they are without merit. Mollen, P.J., Mangano, Lawrence and Kooper, JJ., concur.