Ordered that the judgment is affirmed.
The record supports the hearing court's determination that the defendant was arrested in his home after his wife consented to the entry of the police (see, People v Maerling, 96 A.D.2d 600, affd 64 N.Y.2d 134), and that his subsequent statements were voluntarily made after he was given and waived his Miranda rights. Since no accusatory instrument, such as a felony complaint, had been filed, the criminal action had not commenced and the defendant, whose right to counsel had not indelibly attached, could waive his rights without the presence of an attorney (see, People v Samuels, 49 N.Y.2d 218; People v Lane, 64 N.Y.2d 1047).
We have examined the defendant's remaining contentions and find them to be without merit or unpreserved for appellate review. Mangano, J.P., Bracken, Kunzeman and Eiber, JJ., concur.