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THE PEOPLE, ETC., Respondent, v. JOHN SHIELDS, appellant.

ORDERED that the judgment is affirmed.

The defendant's contention that his waiver of his Miranda rights (see Miranda v. Arizona, 384 U.S. 436) and his consent to search his residence were rendered ineffective by intoxication is not preserved for appellate review (see CPL 470.05; People v. Udzinski, 146 A.D.2d 245), because the defendant withdrew his objection to the admission of his statements to law enforcement officials and certain physical evidence seized from his residence. In any event, his claim is without merit. The evidence at the suppression hearing failed to establish that the defendant was "intoxicated to the degree of mania, or of being unable to understand the meaning of his statements" (People v. Schompert, 19 N.Y.2d 300, 305, cert denied 389 U.S. 874; People v. Shabaz, 173 A.D.2d 498, 499).

Additionally, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).

The defendant's remaining contentions are without merit.

RITTER, J.P., KRAUSMAN, FRIEDMANN and LUCIANO, JJ., concur.

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PEOPLE v. SHIELDS
(Jun 3, 2002)