Opinion
April 14, 1989
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Dillon, P.J., Callahan, Doerr, Green and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The investigatory inquiries made by the police did not constitute custodial interrogation to which Miranda v. Arizona ( 384 U.S. 436) applies (People v. Bennett, 70 N.Y.2d 891, 893; see also, Berkemer v McCarty, 468 U.S. 420, 436-437; People v. Morales, 65 N.Y.2d 997, 998; People v. Patterson, 138 A.D.2d 540; People v. Bantum, 133 A.D.2d 699, 700, lv denied 70 N.Y.2d 929).