People v. Almonte

—Judgment, Supreme Court, Bronx County (Frank Diaz, J.), rendered March 8, 1991, convicting defendant, after a jury trial, of robbery in the third degree (two counts), and sentencing him to concurrent terms of 2Vz to 7 years, unanimously affirmed.

Defendant’s inculpatory statement was given in response to a pedigree question (People v Rodriquez, 39 NY2d 976, 978), which, in the circumstances presented, cannot be said to have been asked for the purpose of eliciting the inculpatory re*493sponse made by defendant. We note the answer voluntarily went beyond the scope of the question. Accordingly, no…