Appellate Division of the Supreme Court of the State of New York April 22, 1985 (People v. Jordan)

Since defendant never challenged during the suppression hearing the propriety of his waiver of the Miranda rights with respect to the first statement made to Detective McGuiness, that issue has not been preserved for appellate review as a matter of law (People v Tutt, 38 NY2d 1011; People v Harris, 79 AD2d 615).