Opinion
October 25, 1994
Appeal from the Supreme Court, New York County (Clifford Scott, J.).
The officer had probable cause to arrest defendant, who matched the "specified details" of the description of the suspect, including a scar on the right side of his face, that had been provided by the victim and two eyewitnesses shortly after the incident (see, People v. Batista, 197 A.D.2d 456, lv denied 82 N.Y.2d 891).
Miranda warnings were not required when the officer asked defendant whether he had anything on his person that might cut the officer when he conducted a pat-down of defendant, since the question posed was not an interrogation aimed at eliciting an incriminating statement (see, People v. Herring, 179 A.D.2d 549, lv denied 79 N.Y.2d 948), but rather was to ensure the officer's safety (People v. Ingram, 177 A.D.2d 650, 651, lv denied 79 N.Y.2d 858).
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Wallach, J.P., Asch, Rubin and Williams, JJ.