The detective acknowledged that defendant "seemed to be coming off of whatever he was on," but also explained that defendant was "pretty fluent in what he was saying" and "definitely not out of it to the point where he didn't understand." After watching a video of the interview, County Court determined that defendant was coherent and that the manner in which the detective asked for defendant's permission to search his vehicle was not coercive (see People v. Adams, 26 N.Y.2d 129, 137–138, 309 N.Y.S.2d 145, 257 N.E.2d 610 [1970], cert. denied 399 U.S. 931, 90 S.Ct. 2262, 26 L.Ed.2d 800 [1970] ; People v. Williams, 40 A.D.3d 1364, 1365, 837 N.Y.S.2d 384 [2007], lv. denied 9 N.Y.3d 927, 844 N.Y.S.2d 182, 875 N.E.2d 901 [2007] ; People v. Dlugos, 237 A.D.2d 754, 756, 654 N.Y.S.2d 872 [1997], lv. denied 89 N.Y.2d 1091, 660 N.Y.S.2d 385, 682 N.E.2d 986 [1997] ). Viewed in totality, and according deference to the factual findings of the suppression court, we find that County Court did not abuse its discretion in finding that the consent was freely given.
The hearing evidence establishes the voluntariness of defendant's statements. To the extent he may have been experiencing symptoms of drug withdrawal at the time of his written and videotaped statements, there is no evidence that this condition affected his ability to understand his rights and make a voluntary waiver ( see People v Dlugos, 237 AD2d 754, 756, lv denied 89 NY2d 1091). Defendant did not preserve his challenge to the court's charge, and we decline to review it in the interest of justice.
We likewise conclude that the statements were not the product of physical coercion and thus involuntary based on defendant's alleged heroin withdrawal during the police interview. "Heroin withdrawal will not render an oral statement inadmissible unless the withdrawal `has risen to the degree of mania'" ( People v Dlugos, 237 AD2d 754, 756, lv denied 89 NY2d 1091, quoting People v Adams, 26 NY2d 129, 137, cert denied 399 US 931), and here the record is devoid of any evidence of mania. Contrary to the further contention of defendant, he failed to meet his ultimate burden of proving that the photo array was unduly suggestive based on the fact that he was the only individual depicted with light-colored eyes ( see People v Bell, 19 AD3d 1074, lv denied 5 NY3d 803, 850). Indeed, there was no testimony adduced at the Wade hearing that the eyewitnesses had described defendant as having light-colored eyes ( see id.).
Next, defendant maintains that he was illegally stopped and seized by the police. Based upon the arresting police officer's observations of defendant operating a motor vehicle with improper license plates, as well as the improper registration credentials and physical manifestations of intoxication, the stop and seizure was not contrary to the State and Federal Constitutions ( see, e.g., People v. Dlugos, 237 A.D.2d 754, lv denied 89 N.Y.2d 1091; see also, People v. De Bour, 40 N.Y.2d 210; People v. Kamenski, 151 Misc.2d 664). Defendant also argues that his right to a speedy trial was denied by the People's requests for adjournments and the People's failure to timely supply supporting depositions.
Moreover, she called the precinct and 911 and, throughout the day, her statements were totally consistent. (See: People v Coad , 60 AD3d 963;People v Arevalo , 54 AD3d 380; People v Williams , 40 AD3d 1364; People vMillington , 37 AD3d 350; People v Iddings , 23 AD3d 1132; People v Dlugos, 237 AD2d 754; State v Batiste, 956 So.2d 626; McDougal v State, 748 SW2d 340; State v Madera, 554 AD2d 263; Campbell vState, 444 So.2d 913). The police had received a description of the driver of the car as a black female with prominent freckles, as well as the location in which she lived.
The defendant's allegations regarding his heroin withdrawal fall far short of the showing that would be required to render his statement involuntary. People v. Dlugas, 237 AD2d 754 (3rd Dept 1997). Similarly, if Mr. Land had raised an argument regarding the brief delay in arraignment caused by the ECAB session, it would not have led to suppression.