People v. Smith

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered October 21, 2003, convicting him of rape in the third 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 his statement to a law enforcement officer.

Ordered that the judgment is affirmed.

The defendant contends that the hearing court erred in failing to suppress a statement made by him to the police. However, the admission of the defendant’s statement at trial was…