Opinion
December 30, 1992
Appeal from the Wayne County Court, Sirkin, J.
Present — Callahan, J.P., Boomer, Green, Lawton and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The court properly denied defendant's suppression motion. The police had reasonable suspicion warranting the stop of defendant's vehicle (see, People v Landy, 59 N.Y.2d 369, 376; People v Sobotker, 43 N.Y.2d 559, 563; People v Byrd, 156 A.D.2d 374, lv denied 75 N.Y.2d 811). Contrary to defendant's contention, the People were not required to present the testimony of the person who transmitted the radio communication to the arresting officer (see, People v Landy, supra; People v Beckwith, 163 A.D.2d 863; People v Knight, 162 A.D.2d 970, lv denied 76 N.Y.2d 941). The officer's question regarding whether defendant had been drinking constituted a noncustodial investigatory inquiry for which Miranda warnings were not required (see, People v Bennett, 70 N.Y.2d 891; People v Mason, 157 A.D.2d 859).