People v. GillPeople v. Gill
The hearing court properly declined to suppress the defendant‘s statements to law enforcement officials. The defendant, who had a history of prior arrests, was informed of his Miranda rights (see Miranda v Arizona, 384 US 436 [1966]), understood them, and impliedly waived them by continuing to speak with the police (see People v Sirno, 76 NY2d 967, 968 [1990]; People v Davis, 55 NY2d 731, 733 [1981]; People v Hastings, 282 AD2d 545, 546 [2001]; People v Strother, 234 AD2d 571, 572 [1996]; People v Scott, 154 AD2d 719 [1989]; People v Giano, 143 AD2d 1040, 1041 [1988]).
Where a defendant requests the submission of a lesser-included offense to the jury, the defendant will not be heard to argue on appeal that the evidence was legally insufficient to support this charge (see People v Shaffer, 66 NY2d 663, 665 [1985]; People v Legacy, 4 AD2d 453 [1957]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant‘s guilt beyond a reasonable doubt (see
The defendant failed to demonstrate that he was substantially prejudiced by any allegedly improper comments by the prosecutor on summation (see People v White, 196 AD2d 641 [1993]), or that the trial court‘s instructions failed to cure any prejudice (see People v Santiago, 52 NY2d 865, 866 [1981]; People v Cabrera, 11 AD3d 552, 553 [2004]). S. Miller, J.P., Luciano, Crane and Lifson, JJ., concur.