The court should have granted defendant’s suppression motion. After receiving Miranda warnings from one detective, defendant told another detective about eight hours later that he did not want to talk about any of the burglaries at issue. At this point, the police should have ceased interrogation (see People v Ferro, 63 NY2d 316, 322 [1984], cert denied 472 US 1007 [1985]; People v Brown, 266 AD2d 838 [1999], lv denied 94 NY2d 860 [1999]). Instead, the second detective immediately, and without new warnings, told defendant that there was video and fingerprint evidence linking him to the crimes; this led defendant to say, “charge me with everything, I did everything.” The police comment clearly constituted interrogation and was improper (see People v Kollar, 305 AD2d 295, 298 [2003], appeal dismissed 1 NY3d 591 [2004]). Although defendant later asked to speak to the detective and made the confessions that were admitted at trial, the detective never readministered Miranda warnings.
However, with the exception of the counts relating to the burglary at 61 East 77th Street, the error was harmless (see People v Crimmins, 36 NY2d 230, 237 [1975]). Each of the other crimes was established by fingerprints or other compelling evidence, and there is no reasonable possibility that the confession contributed to the verdict.
Defendant is also entitled to a new trial, as to these same counts, on the ground set forth in his CPL 440 motion. We conclude that, at the evidentiary hearing conducted on his mo
Defendant’s claim that certain counts of the indictment should have been severed is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits (see e.g. People v Adames, 42 AD3d 328, 329 [2007]). Similarly, we find that counsel did not render ineffective assistance by failing to move for severance.
The court properly exercised its discretion in adjudicating defendant a persistent felony offender, and we perceive no basis for reducing the sentence. We reject defendant’s constitutional and statutory challenges to the court’s adjudication procedure. The court expressly stated that it was basing its adjudication entirely on the constitutionally permissible factors of the instant jury’s findings, defendant’s prior convictions (see Almendarez-Torres v United States, 523 US 224 [1998]), and the court’s discretionary evaluation of the seriousness of defendant’s criminal history (see People v Rivera, 5 NY3d 61 [2005], cert denied 546 US 984 [2005]). Although defendant argues that the statutory scheme requires a court to make additional findings, the sentencing court’s findings satisfied the statute as interpreted by the Court of Appeals (see id. at 70-71; People v Young, 41 AD3d 318, 319-320 [2007]). Concur—Lippman, P.J., Tom, Buckley and Gonzalez, JJ.
