Opinion
November 15, 1995
Appeal from the Niagara County Court, Fricano, J.
Present — Green, J.P., Pine, Fallon, Callahan and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly denied the motion to suppress defendant's statements to the arresting officer. That officer's questioning of defendant about his identity, the reason for the stop and whether he had been drinking was investigatory, not custodial, interrogation ( see, People v Hennigan, 135 A.D.2d 1082, 1083; People v Brown, 104 A.D.2d 696, 697). Defendant's contention that the court erred in charging the jury on the elements of aggravated unlicensed operation of a motor vehicle in the second degree has not been preserved for review ( see, CPL 470.05), and we decline to exercise our power to review that contention in the interest of justice ( see, CPL 470.15 [a]). The sentence imposed is not unduly harsh or severe.