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PEOPLE v. McKENZIE

273 A.D.2d 255 (2000)

709 N.Y.S.2d 834

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY McKENZIE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 5, 2000.

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's motion which was to suppress his oral statement to law enforcement authorities. The hearing court's finding that the statement was spontaneous, notwithstanding the defendant's earlier refusal to speak to the police without an attorney present, is supported by the record (see, People v Damiano, 87 N.Y.2d 477, 486-487;

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