People v. Saunders (146 A.D.2d 654, 1989)

— Appeal from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered March 28, 1985, convicting him of assault in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress a statement made by him to law enforcement authorities.

Ordered that the judgment is affirmed.

The defendant contends that the statement he made to the police should have been suppressed because he was so intoxicated that he was incapable of making a knowing and intelligent waiver of his constitutional rights. The defendant has failed to preserve that claim for appellate review (see, People v Gonzalez, 55 NY2d 720; cf., People v Tutt, 38 NY2d 1011). In any event, there is no evidence that the defendant was so intoxicated that he was unable to comprehend the significance of his statement (see, People v Zito, 123 AD2d 799, lv denied 69 NY2d 835).

We have considered the defendant’s remaining contentions and find them to be without merit. Mollen, P. J., Bracken, Sullivan and Harwood, JJ., concur.