PEOPLE v. BURKETT

Ordered that the judgment is affirmed.

The hearing court's finding that the defendant voluntarily made statements to the police after knowingly waiving his rights is amply supported by the record. The defendant's right to counsel did not attach prior to the filing of the felony complaint. The delay in the filing of the accusatory instrument was not undue as it was occasioned first by legitimate prearraignment duties of the police in investigating the burglaries for which the defendant had been arrested and second, the necessity of awaiting the availability of a Judge with the opening of court the next morning. The delay was not deliberate, was not designed to elicit further information, and did not deprive the defendant of his right to counsel (see, People v. Blake, 35 N.Y.2d 331; People v Wilson, 56 N.Y.2d 692). Furthermore, the defendant, who was not a newcomer to the criminal justice system, was given Miranda warnings and/or reminded of his constitutional rights before each of the three police interviews when inculpatory statements were made (see, People v Giano, 143 A.D.2d 1040). Mollen, P.J., Mangano, Thompson and Brown, JJ., concur.