OPINION OF THE COURT
Order affirmed. On the record it cannot be said that the courts below committed an error of law in concluding that the defendant’s statements were spontaneous (People v Rivers, 56 NY2d 476; cf. Rhode Island v Innis, 446 US 291).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg, Meyer and Simons.