The hearing court properly determined that defendant's post-arrest statements made at the hospital, several hours after he had been shot twice by the police, were admissible. The officer, whom the court deemed to be a credible witness, ascertained from medical personnel that defendant's condition had stabilized and was alert and coherent before administering the Miranda warning, after which defendant made statements now sought to be excluded. Moreover, defendant was sufficiently alert to offer an exculpatory rather than an inculpatory statement. Under the totality of these circumstances (see, People v Anderson, 42 N.Y.2d 35), the statements were voluntarily given (see, People v Pagan, 163 A.D.2d 122, lv denied 76 N.Y.2d 942). Similarly, the hearing court properly permitted the out-of-court identification of defendant by one of the complaining witnesses since the identification was made spontaneously, moments after a shootout with police, and was not the product of a police-arranged showup (see, People v Duuvon, 77 N.Y.2d 541, 545-546).
We have reviewed defendant's remaining contentions and find them to be without merit.
Concur — Ellerin, J.P., Kupferman, Williams and Tom, JJ.