Does the fact that defendant was not advised of his right to refuse to consent to search his locker lead to a finding of voluntary consent?

Moreover, in view of the foregoing, the mere fact that defendant was not advised of his right to refuse to consent does not militate against a finding of voluntary consent (see People v. Caldwell, 221 AD2d 972 [4th Dept], lv denied 87 NY2d 920 [1996]).

The totality of circumstances indicates that defendant was not in custody and that not only did he admit to possessing the contraband, but he was cooperative with the police from the moment he first approached them. Thus, the People have met their heavy burden of establishing voluntary consent to search defendant's locker (People v. Yukl; People v. Rivera).