Ordered that the judgment is affirmed.
The hearing court properly denied suppression of the defendant's oral statement since that statement was voluntarily and spontaneously made ( see, People v. Rivers, 56 N.Y.2d 476). Additionally, there is no merit to the defendant's contention that he was improperly denied counsel at the preaccusatory lineup ( see, People v. LaClere, 76 N.Y.2d 670; People v. Hernandez, 70 N.Y.2d 833; People v. Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846).
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 defendant's remaining contentions lack merit. Balletta, J.P., Joy, Krausman and Florio, JJ., concur.