Opinion
July 16, 1992
Appeal from the County Court of Otsego County (Mogavero, Jr., J.).
Defendant's motion to suppress statements made by him to the arresting police officer was properly denied. The police officer's questioning of defendant at the place where defendant's vehicle had been stopped for a traffic violation about whether he had been drinking and driving was clearly investigatory rather than custodial interrogation (see, People v. Mathis, 136 A.D.2d 746, lv denied 71 N.Y.2d 899; People v. Hennigan, 135 A.D.2d 1082; People v. Brown, 104 A.D.2d 696). As to defendant's remaining contentions, they have been considered and found to be lacking in merit.
Mikoll, J.P., Levine, Mercure and Harvey, JJ., concur. Ordered that the judgment is affirmed.