PEOPLE v. BURTON (2008)

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered January 12, 2007, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a second felony offender, to a term of 3 1/212 to 7 years, unanimously affirmed.

The court properly denied defendant's suppression motion.   While defendant was in custody and awaiting medical attention at a hospital, an officer engaged him in general conversation on subjects unrelated to the case.   This was not the functional equivalent of interrogation (see e.g. People v. Man Lee Lo, 118 A.D.2d 225, 230-231, 504 N.Y.S.2d 332 [1986], lv. denied 68 N.Y.2d 814, 507 N.Y.S.2d 1032, 499 N.E.2d 881 [1986] ), and the surrounding circumstances were not inherently coercive.   Defendant ultimately asked the officer two questions about the charges against him.   In each instance, the officer's immediate answer was brief, neutral and did not go beyond what was asked (see e.g. People v. Rivers, 56 N.Y.2d 476, 480, 453 N.Y.S.2d 156, 438 N.E.2d 862 [1982];  People v. Minor, 158 A.D.2d 412, 551 N.Y.S.2d 523 [1990], lv. denied 75 N.Y.2d 968, 556 N.Y.S.2d 253, 555 N.E.2d 625 [1990];  compare People v. Lanahan, 55 N.Y.2d 711, 447 N.Y.S.2d 139, 431 N.E.2d 624 [1981] ), and each answer led to a spontaneous incriminating statement by defendant that was not the product of interrogation.   Finally, defendant's claim that, at the time of these statements, he had invoked his right to remain silent improperly relies on trial testimony (see People v. Abrew, 95 N.Y.2d 806, 808, 710 N.Y.S.2d 833, 732 N.E.2d 940 [2000] ).