People v. Santiago

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered May 2, 1984, convicting him of murder in the second 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 statements made by him to the police.

The trial court’s denial of that branch of the defendant’s omnibus motion which was to suppress statements was proper, inasmuch as the record reflects a knowing, intelligent and voluntary waiver of his Miranda rights. The defendant’s present challenge to the admissibility of those statements, made for the first time on this appeal, is presented upon an insufficient record, and, therefore, is not reviewable (see, People v Kinchen, 60 NY2d 772 ).

We have examined the defendant’s remaining contentions and find them to be either unpreserved (see, People v Thomas, 50 NY2d 467 , 472), or without merit (see, People v Contes, 60 NY2d 620 , 621; People v Suitte, 90 AD2d 80 , 86-87; People v Raja, 77 AD2d 322 , 325). Niehoff, J. P., Kunzeman, Kooper and Sullivan, JJ., concur.