February 2, 1996
Appeal from the Monroe County Court, Marks, J.
Present — Denman, P.J., Green, Wesley, Balio and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a guilty plea, of attempted burglary in the first degree. Defendant contends that County Court erred in failing to suppress an inculpatory statement he made to a Sheriff's Investigator after defendant invoked his right to counsel.
The evidence supports the court's determination that the statement was spontaneous and not the result of police interrogation or its functional equivalent (see, People v Rivers, 56 N.Y.2d 476, 479-480, rearg denied 57 N.Y.2d 775; People v. Lipscomb, 214 A.D.2d 970, lv denied 86 N.Y.2d 797, cert denied ___ US ___, 133 L Ed 2d 737). Although the Sheriff's Investigator had just told defendant, a predicate felon, that he probably would not be released on bail, that statement "was not one that would be reasonably contemplated to elicit an incriminating response" (People v. Self, 213 A.D.2d 998, citing People v. Rivers, supra).