DECISION ORDER
ORDERED that the judgment is affirmed.
The hearing court properly denied suppression of the defendant's statements to law enforcement officials. A reasonable person, innocent of any crime, would not have believed that he was in custody at the time the statements were made (see, People v. Yukl, 25 N.Y.2d 585; People v. Parsad, 243 A.D.2d 510).
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 the 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 sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.