Opinion
1322 KA 14-00476.
12-23-2015
The PEOPLE of the State of New York, Respondent, v. Jeffrey WILLIAMS, Defendant–Appellant.
Jason J. Bowman, Ontario, for Defendant–Appellant. Richard M. Healy, District Attorney, Lyons (Bruce A. Rosekrans of Counsel), for Respondent.
Jason J. Bowman, Ontario, for Defendant–Appellant.
Richard M. Healy, District Attorney, Lyons (Bruce A. Rosekrans of Counsel), for Respondent.
Opinion
MEMORANDUM:
Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while intoxicated as a misdemeanor (Vehicle and Traffic Law §§ 11923; 11931[b][i] ). We reject defendant's contention that County Court erred in refusing to suppress his statements to the arresting officer. The officer's initial questioning of defendant was investigatory in nature (see People v. Tieman, 132 A.D.3d 703, 703–704, 17 N.Y.S.3d 743; People v. Allen, 15 A.D.3d 933, 934, 789 N.Y.S.2d 383, lv. denied 4 N.Y.3d 883, 798 N.Y.S.2d 728, 831 N.E.2d 973), and “he was not, as a matter of law, in custody at this time for purposes of the need to give Miranda warnings” (People v. Bennett, 70 N.Y.2d 891, 894, 524 N.Y.S.2d 378, 519 N.E.2d 289; see People v. Fong, 233 A.D.2d 115, 115–116, 649 N.Y.S.2d 412, lv. denied 89 N.Y.2d 942, 655 N.Y.S.2d 893, 678 N.E.2d 506).
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., SMITH, VALENTINO, WHALEN, and DeJOSEPH, JJ., concur.