People v. Williams — 134 A.D.3d 1429

Majority

p. 1429

The People of the State of New York, Respondent, v Jeffrey Williams, Appellant.

[21 NYS3d 673]

Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered February 13, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a misdemeanor.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while intoxicated as a misdemeanor (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [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 AD3d 703 , 703-704 [2015]; People v Allen, 15 AD3d 933 , 934 [2005], lv denied 4 NY3d 883 [2005]), and “he was not, as a matter of

p. 1430

law, in custody at this time for purposes of the need to give Miranda warnings” (People v Bennett, 70 NY2d 891 , 894 [1987]; see People v Fong, 233 AD2d 115 , 115-116 [1996], lv denied 89 NY2d 942 [1997]). Present — Scudder, P.J., Smith, Valentino, Whalen and DeJoseph, JJ.

Cases cited

People v. Tieman 132 AD3d 703 N.Y. App. Div. 2015-10-07 at 703-704 p. 1429
People v. Allen 15 AD3d 933 N.Y. App. Div. 2005-02-04 at 934 p. 1429
People v. Bennett 70 NY2d 891 N.Y. 1987-12-17 at 894 p. 1430