People v. Gray

Appellate Division of the Supreme Court of New York

People v. Gray

2017 NY Slip Op 2002, 148 A.D.3d 557, 48 N.Y.S.3d 898

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 21, 2017

Docket4868/11

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 2002 (People v. Gray) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Gray, 2017 NY Slip Op 2002, 148 A.D.3d 557, 48 N.Y.S.3d 898 (N.Y. Ct. App. 2017).

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Opinion

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 US 420, 436-437 [1984]; People v Bennett, 70 NY2d 891 [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 US at 442); accordingly, Miranda warnings were not required.

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer, JJ.

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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 US 420, 436-437 [1984]; People v Bennett, 70 NY2d 891 [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 US at 442); accordingly, Miranda warnings were not required.

Concur — Acosta, J.P., Renwick, Manzanet-Daniels, Webber and Gesmer, JJ.

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Bluebook (online)

2017 NY Slip Op 2002, 148 A.D.3d 557, 48 N.Y.S.3d 898, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gray-nyappdiv-2017.

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