Judgment unanimously affirmed. Memorandum: Defendant's primary contention is that the trial court erred in failing to suppress his statement to the police. This statement was made while defendant was in jail on an unrelated charge. He asserted that since he was represented on the unrelated charge, his statement must be suppressed (see, People v. Bartolomeo, 53 N.Y.2d 225, 231-232; People v. Rogers, 48 N.Y.2d 167). Because defendant failed to establish at the suppression hearing that he was in fact represented by counsel on the unrelated charge, his motion was properly denied (see, People v. Rosa, 65 N.Y.2d 380, 386-387).
We have reviewed defendant's remaining contentions and find them to be without merit.