Opinion
May 19, 1986
Appeal from the Supreme Court, Kings County (Hellenbrand, J.).
Judgment affirmed.
The court did not err in denying the defendant's motion to suppress a statement he allegedly made to his friend, Elizabeth Johnson, after he was arrested and placed in a cell at the police precinct, since there was absolutely no evidence adduced indicating that Ms. Johnson was acting at the direction of or in cooperation with law enforcement officials at the time the statement was allegedly made (see, CPL 60.45 [b] [ii]; People v Ray, 65 N.Y.2d 282; People v Warren, 97 A.D.2d 486, appeal dismissed 61 N.Y.2d 886; People v Bracy, 98 Misc.2d 346, affd sub nom. People v De Pasquale, 75 A.D.2d 751, affd 54 N.Y.2d 693). Furthermore, the court did not abuse its discretion in denying the defense counsel's request for an adjournment prior to the suppression hearing, which was held after the commencement of the trial, on the basis that he was unfairly surprised when he received a transcript of Ms. Johnson's Grand Jury testimony, which indicated that the defendant had made a statement to her (see, People v Spears, 64 N.Y.2d 698; People v Foy, 32 N.Y.2d 473). Nor did the court abuse its discretion in denying defense counsel's request to reopen the hearing on the basis of his discovery of further evidence in support of his motion to suppress, where that evidence actually had little bearing on the issue of the admissibility of the defendant's statement.
The sentence the defendant received, the maximum that could have been imposed, was not unduly harsh or excessive, and there are no extraordinary circumstances present which would warrant disturbance of the sentencing court's exercise of discretion (People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions have not been preserved for appellate review and we decline to reach them in the interest of justice. Mollen, P.J., Lazer, Mangano and Thompson, JJ., concur.