Opinion
April 16, 1991
Appeal from the Supreme Court, Bronx County, Levy, J.
In response to a radio run concerning possible narcotics activity, a police officer approached 196th Street and Marion Avenue in Bronx County and observed defendant placing a brown paper bag over the front wheel of a parked car in a manner consistent with the radio call. The officer's inquiry as to whether defendant owned the car, was proper absent Miranda warnings, as defendant was not in custody (People v. McIntyre, 138 A.D.2d 634), and the questioning was designed to clarify the situation, not to elicit an incriminating statement (People v Huffman, 41 N.Y.2d 29). Statements later made by defendant en route to the precinct were clearly spontaneous.
Concur — Rosenberger, J.P., Kupferman, Kassal and Rubin, JJ.