PEOPLE v. SIMPKINS

ORDERED that the judgment is affirmed.

The trial court properly granted the prosecution's motion to include attempted robbery as an underlying felony for the felony murder charge, where the indictment charged the defendant with felony murder based only on robbery (see, People v. Jeanty, 268 A.D.2d 675, 677-678; see also, People v. Dixon, 221 A.D.2d 952, cert denied 519 U.S. 842; People v. Gibson, 65 A.D.2d 235, cert denied 444 U.S. 861).

Further, the hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials, since his statements were made after a proper arrest on a parole warrant (see, People v. Simons, 22 N.Y.2d 533, 540-541, cert denied 393 U.S. 1107; People v. Frankos, 110 A.D.2d 713).

The defendant's remaining contentions are without merit.