The People of the State of New York, Respondent, v. Lamarr Knox, Appellant

The People of the State of New York, Respondent, v Lamarr Knox, Appellant. [670 NYS2d 350] [MAJORITY] —Appeal by the defendant from á judgment of the County Court, Dutchess County (Marlow, J.), rendered January 31, 1996, convicting him of murder in the second degree (two counts), attempted murder in the second degree, assault in the second degree, and criminal use of a firearm in the first 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’s omnibus motion which was to suppress identification testimony and statements made by him to the police. Ordered that the judgment is affirmed. The hearing court properly determined that the defendant’s statements were spontaneously made and were not the product of conduct which the police should have known was reasonably likely to elicit an incriminating response (see, Rhode Is. v Innis, 446 US 291, 301; People v Gonzales, 75 NY2d 938, cert denied 498 US 833). The evidence adduced at the hearing further reveals that the photographic array identification procedures were neither improperly conducted nor unduly suggestive (see, People v Bartholomew, 237 AD2d 371; People v Rivera, 135 AD2d 667; People v Magee, 122 AD2d 227). Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80). The defendant’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Joy, Altman and Luciano, JJ., concur.