People v. Papile

Appeal by defendant from a judgment of the Supreme Court, Queens County (Dufficy, J.), rendered February 14, 1983, convicting him of robbery in the first degree and criminal possession of stolen property in the third degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

We agree with Criminal Term’s finding that the defendant’s inculpatory statement to Detective Balmer was spontaneously made and not the product of police conduct which Balmer should have known was reasonably likely to elicit an incriminating response. The defendant, without any prompting, called Balmer over to…