PEOPLE v. PORTER

Ordered that the judgment is affirmed.

The defendant uttered incriminating statements after a detective told one of the defendants relatives that the defendant was being arrested for "gunpoint robbery". It is apparent that the detective's statement could not reasonably be construed as one likely to elicit an incriminating response ( see, Rhode Is. v. Innis, 446 U.S. 291; People v. Huffman, 61 N.Y.2d 795, 797). Thus, we conclude that the record supports the hearing court's determination that the statement was spontaneously uttered and voluntary ( see, People v. Zanders, 241 A.D.2d 531; People v. McAdoo, 166 A.D.2d 674, 675).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

Copertino, J.P., Thompson, Sullivan and Friedmann, JJ., concur.