PEOPLE v. McFADDEN

Judgment unanimously affirmed. Memorandum: The trial court properly received defendant's statement into evidence. No CPL 710.30 notice was required because there is no question of voluntariness (People v. Roopchand, 107 A.D.2d 35, 37, affd 65 N.Y.2d 837; People v. Pray, 99 A.D.2d 915, 916). Defendant's statement was clearly spontaneous as it was made as part of the res gestae and not in response to any questioning by police (see, People v. Balschweit, 91 A.D.2d 1127; People v. Early, 85 A.D.2d 752; People v. Smith, 100 Misc.2d 823, 824).

We have considered the other contention raised by defendant and conclude that it is without merit.