Opinion
6513.
September 20, 2005.
Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered February 25, 2003, convicting defendant, after a jury trial, of unauthorized use of a vehicle in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Robin Nichinsky of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Hope Korenstein of counsel), for respondent.
Before: Friedman, J.P., Marlow, Gonzalez and Catterson, JJ.
The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant exercised control of a car ( see People v. Roby, 39 NY2d 69), and did so with knowledge that he lacked consent of the owner ( see Matter of Raquel M., 99 NY2d 92).
The court properly denied defendant's motion to suppress his statement to the arresting officers. Miranda warnings were not required since defendant was not subject to custodial interrogation ( see People v. Huffman, 41 NY2d 29, 33-34).