People v. Clabeaux

—Judgment unanimously affirmed. Memorandum: County Court properly denied the motion of defendant to suppress his statement to a police officer. Although the statement was made after defendant had received his Miranda warnings and requested counsel, it was made spontaneously and was not the result of police questioning (see, People v Harris, 57 NY2d 335, 342, cert denied 460 US 1047). Defendant’s contention that the court erred in allowing the rebuttal testimony of a State Trooper is unpreserved for our review and, in any event, is lacking in merit. The rebuttal testimony was proper because it…