PEOPLE v. RIOS

Judgment affirmed.

The defendant, whose right to counsel had attached, was being held in a cell at the police precinct. The police detective assigned to the case approached the defendant and inquired, "Do you know who I am?", to which the defendant responded, "It was self-defense and you know how many Colons were there?" The test used in determining whether a defendant's statement is spontaneous is whether an objective observer, with the same knowledge concerning the suspect as the police officer, would conclude that the remark or conduct of the police officer was reasonably likely to elicit an incriminating response (Rhode Is. v Innis, 446 U.S. 291; People v Papile, 113 A.D.2d 776). Under the circumstances herein, we find that the question was not likely to elicit an incriminating response, and the statement was, therefore, spontaneous and admissible (see also, People v Huffman, 61 N.Y.2d 795). Lawrence, J.P., Eiber, Kooper and Spatt, JJ., concur.