PEOPLE v. VELASQUEZ (1998)

Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered April 12, 1995, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

 Defendant's suppression motions were properly denied.   Following defendant's arrest, police inquiries regarding ownership of the van in question and the whereabouts of its keys were clearly intended to clarify the situation and did not constitute police interrogation requiring Miranda warnings (People v. Huffman, 41 N.Y.2d 29, 33, 390 N.Y.S.2d 843, 359 N.E.2d 353;  People v. Bailey, 172 A.D.2d 163, 567 N.Y.S.2d 701 lv. denied 78 N.Y.2d 920, 573 N.Y.S.2d 472, 577 N.E.2d 1064).   The inventory search of the van following defendant's lawful arrest was conducted pursuant to routine police procedure and did not require a warrant (see, People v. Galak, 80 N.Y.2d 715, 594 N.Y.S.2d 689, 610 N.E.2d 362;  People v. Gonzalez, 62 N.Y.2d 386, 388-389, 477 N.Y.S.2d 103, 465 N.E.2d 823).

On the existing record, we find that trial counsel's representation was meaningful (People v. Baldi, 54 N.Y.2d 137, 444 N.Y.S.2d 893, 429 N.E.2d 400).

 We perceive no abuse of discretion in sentencing.   Defendant's suggestion that the court possessed discretion to sentence defendant as first felony offender is contrary to law.

Defendant's remaining contentions are unpreserved and without merit.

MEMORANDUM DECISION.