People v. Latterell

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, following a guilty plea, of attempted burglary in the first degree. Defendant contends that County Court erred in failing to suppress an inculpatory statement he made to a Sheriff’s Investigator after defendant invoked his right to counsel.

The evidence supports the court’s determination that the statement was spontaneous and not the result of police interrogation or its functional equivalent (see, People v Rivers, 56 NY2d 476, 479-480, rearg denied 57 NY2d 775; People v Lipscomb, 214 AD2d 970, lv…