WILLIAMS, JEFFREY, PEOPLE v

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department [1322] KA 14-00476 PRESENT: SCUDDER, P.J., SMITH, VALENTINO, WHALEN, AND DEJOSEPH, JJ. THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, V MEMORANDUM AND ORDER JEFFREY WILLIAMS, DEFENDANT-APPELLANT. JASON J. BOWMAN, ONTARIO, FOR DEFENDANT-APPELLANT. RICHARD M. HEALY, DISTRICT ATTORNEY, LYONS (BRUCE A. ROSEKRANS OF COUNSEL), FOR RESPONDENT. Appeal from a judgment of the Wayne County Court (John B. Nesbitt, J.), rendered February 13, 2014. The judgment convicted defendant, upon his plea of guilty, of driving while intoxicated, a misdemeanor. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of driving while intoxicated as a misdemeanor (Vehicle and Traffic Law §§ 1192 [3]; 1193 [1] [b] [i]). We reject defendant’s contention that County Court erred in refusing to suppress his statements to the arresting officer. The officer’s initial questioning of defendant was investigatory in nature (see People v Tieman, 132 AD3d 703, 703-704 ; People v Allen, 15 AD3d 933, 934 , lv denied 4 NY3d 883 ), and “he was not, as a matter of law, in custody at this time for purposes of the need to give Miranda warnings” (People v Bennett, 70 NY2d 891, 894 ; see People v Fong, 233 AD2d 115, 115-116 , lv denied 89 NY2d 942 ). Entered: December 23, 2015 Frances E. Cafarell Clerk of the Court