Opinion
Filed May 10, 2000.
Appeal from Judgment of Supreme Court, Ontario County, Lamont, J. — Robbery, 1st Degree.
Judgment unanimously affirmed.
Present: PIGOTT, JR., P. J., HAYES, SCUDDER, KEHOE AND BALIO, JJ.
Memorandum:
The record supports the suppression court's determination that defendant knowingly, intelligently and voluntarily waived his Miranda rights before speaking to the police, and thus his motion to suppress his statements was properly denied ( see, People v. Davis,; 55 N.Y.2d 731, 733; People v. Huntley, 224 A.D.2d 987, lv denied 87 N.Y.2d 1020; People v. Hill, 175 A.D.2d 603). The sentence is neither unduly harsh nor severe.