PEOPLE v. LEWIS (2007)

On appeal from a judgment convicting him of various crimes arising out of incidents involving his ex-girlfriend, defendant contends that County Court erred in admitting a statement he made to the police on the ground that he was in custody and had not received Miranda warnings.   Contrary to the contention of defendant, the record establishes that he was not in custody when he was questioned (see generally People v. Yukl, 25 N.Y.2d 585, 589, 307 N.Y.S.2d 857, 256 N.E.2d 172, cert. denied 400 U.S. 851, 91 S.Ct. 78, 27 L.Ed.2d 89).   The statement was made in response to a question that was investigatory in nature and thus was not the product of custodial interrogation requiring Miranda warnings (see generally Illinois v. Perkins, 496 U.S. 292, 296, 110 S.Ct. 2394, 110 L.Ed.2d 243;  People v. Paulman, 5 N.Y.3d 122, 129, 800 N.Y.S.2d 96, 833 N.E.2d 239).   Contrary to defendant's further contentions, the verdict is not against the weight of the evidence and the conviction is supported by legally sufficient evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Finally, the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM: