People v Williams

People v Williams 2015 NY Slip Op 09491 Decided on December 23, 2015 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2015 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., SMITH, VALENTINO, WHALEN, AND DEJOSEPH, JJ.
1322 KA 14-00476

[*1]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.

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; People v Allen, 15 AD3d 933, 934, lv denied 4 NY3d 883), 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 NY2d 891, 894; see People v Fong, 233 AD2d 115, 115-116, lv denied 89 NY2d 942).

Entered: December 23, 2015

Frances E. Cafarell

Clerk of the Court