Ordered that the judgment is affirmed.
The defendant contends that the hearing court erred in denying suppression of his statement to police, "I am not drunk. I only had a couple of beers", which he made prior to receiving his Miranda warnings. The hearing record reveals that the arresting police officer did not expressly question the defendant prior to issuing the Miranda warnings. Instead, the officer responded to the defendant's question as to why he was being arrested. Once he was informed that he was being arrested for drinking and driving, the defendant volunteered that he only had "a couple of beers". There is no evidence in the hearing record that the officer should have known that his statement was reasonably likely to elicit an incriminating response from the defendant (see, Rhode Is. v. Innis, 446 U.S. 291, 301; Miranda v Arizona, 384 U.S. 436; People v. Ferro, 63 N.Y.2d 316, 322; People v. Huffman, 61 N.Y.2d 795).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Miller, O'Brien and Ritter, JJ., concur.