PEOPLE v. SANTOS

Ordered that the judgment is affirmed.

Contrary to the defendant's contentions, the record establishes that he did not invoke his right to counsel when he was given his first set of Miranda warnings (see, People v. Cyrus, 170 A.D.2d 526; People v. Moore, 168 A.D.2d 463). Accordingly, it was not improper for the police, four hours later, to obtain a statement from the defendant when he waived his right to remain silent after receiving a new set of Miranda warnings (see, Michigan v. Mosley, 423 U.S. 96; People v. Ates, 157 A.D.2d 786; People v. Gary, 31 N.Y.2d 68). Therefore, the court properly denied the defendant's motion to suppress the statement.

The sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

O'Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.