Opinion
October 6, 1992
Appeal from the Supreme Court, New York County, Stephen G. Crane, J.
The hearing court properly admitted statements made by defendant to the police as spontaneous utterances and not the product of custodial questioning designed to elicit an incriminating response (People v Gamble, 129 A.D.2d 470, 475, affd 70 N.Y.2d 885).
Defendant failed to object to testimony of the arresting officer that he now claims constituted impermissible bolstering, and thus failed to preserve the issue for appellate review as a matter of law (CPL 470.05). Were we to review this claim in the interest of justice, we would find it to be without merit.
We have reviewed defendant's additional claims of error and find them to be without merit.
Concur — Ellerin, J.P., Wallach, Ross and Kassal, JJ.