Opinion
03-21-2017
The PEOPLE of the State of New York, Respondent, v. Lamont GRAY, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Mitchell J. Briskey of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Luis Morales of counsel), for respondent.
Judgment, Supreme Court, New York County (Larry R.C. Stephen, J. at suppression hearing; Robert M. Stolz, J. at plea and sentencing), rendered June 12, 2013, convicting defendant of two counts of operating a motor vehicle while under the influence of alcohol, and sentencing him to a term of six months, with five years' probation and a $2500 fine, unanimously affirmed.
The court properly denied defendant's suppression motion. Defendant made the statements at issue while he was detained during a traffic stop. While defendant may have been seized for Fourth Amendment purposes, he was not in custody for Miranda purposes (see Berkemer v. McCarty, 468 U.S. 420, 436–437, 104 S.Ct. 3138, 82 L.Ed.2d 317 [1984] ; People v. Bennett, 70 N.Y.2d 891, 524 N.Y.S.2d 378, 519 N.E.2d 289 [1987] ), and none of the police conduct at the time of the investigatory questioning can "fairly be characterized as the functional equivalent of formal arrest" (Berkemer, 468 U.S. at 442, 104 S.Ct. 3138 ); accordingly, Miranda warnings were not required.
ACOSTA, J.P., RENWICK, MANZANET–DANIELS, WEBBER, GESMER, JJ., concur.