Opinion
November 10, 1986
Appeal from the Ontario County Court, Reed, J.
Present — Callahan, J.P., Denman, Pine, Balio and Lawton, JJ.
Judgment unanimously affirmed. Memorandum: The police officer's questioning of defendant at the scene of an accident about what happened, who owned the car, and whether he was drinking was investigatory, not custodial, interrogation (see, People v Aia, 105 A.D.2d 592, 593; People v Brown, 104 A.D.2d 696, 697; People v Gardell, 59 A.D.2d 929). Defendant's later statement, made after Miranda warnings, was not tainted by the prior interrogation and was correctly found to be admissible.
We have considered defendant's remaining contentions and find them to be without merit.