People v. Bryant

*788OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Admissibility of the defendant’s postarrest statement involves not the right to counsel but the protection against self incrimination. All of the spontaneity holdings relied upon by defendant, including that in People v Carmine A. (53 NY2d 816), concerned situations in which suppression turned on the right to counsel, not the right to preinterrogation warnings. Spontaneity in the latter context turns on whether a statement made by defendant was the product of “express questioning or its functional…