Opinion
12315 Ind. No. 3385/17 Case No. 2019-04019
11-10-2020
The PEOPLE of the State of New York, Respondent, v. Huey BUI, Defendant–Appellant.
Keum & Associates, PLLC, New York (Jonathan Rosenberg of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Keum & Associates, PLLC, New York (Jonathan Rosenberg of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Friedman, J.P., Renwick, Oing, Mendez, JJ.
Judgment, Supreme Court, New York County (Felicia A. Mennin, J.), rendered June 5, 2019, convicting defendant, after a jury trial, of assault in the second degree, vehicular assault in the second degree, operating a motor vehicle while under the influence of alcohol or drugs and assault in the third degree, and sentencing him to an aggregate term of seven years, unanimously affirmed.
The court properly denied defendant's motion to suppress his statements. Miranda warnings were not required for defendant's initial statements in an emergency room, because defendant was not in custody (see e.g. People v. Thomas, 13 A.D.3d 259, 260, 786 N.Y.S.2d 513 [1st Dept. 2004], lv denied 5 N.Y.3d 770, 801 N.Y.S.2d 264, 834 N.E.2d 1274 [2005]. The record also supports the court's finding that regardless of the admissibility of the initial statements, the statements defendant made after Miranda warnings approximately two hours later were attenuated from the initial statements (see People v. Paulman, 5 N.Y.3d 122, 130–31, 800 N.Y.S.2d 96, 833 N.E.2d 239 [2005] ).
Defendant's ineffective assistance of counsel claims are unreviewable on direct appeal because they involve matters not reflected in, or fully explained by, the record (see People v. Rivera, 71 N.Y.2d 705, 709, 530 N.Y.S.2d 52, 525 N.E.2d 698 [1988] ; People v. Love, 57 N.Y.2d 998, 457 N.Y.S.2d 238, 443 N.E.2d 486 [1982] ). Accordingly, since defendant has not made a CPL 440.10 motion, the merits of the ineffectiveness claims may not be addressed on appeal.
We perceive no basis for reducing the sentence.