People v Santiago

2010 NY Slip Op 07117 [77 AD3d 422]

October 7, 2010

Appellate Division, First Department

As corrected through Wednesday, December 15, 2010

The People of the State of New York, Respondent, v CaesarSantiago, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York (Frances A. Gallagher of counsel), forappellant.

Robert T. Johnson, District Attorney, Bronx (Dana Levin of counsel), for respondent.

Judgment, Supreme Court, Bronx County (David Stadtmauer, J.), rendered March 5, 2008,convicting defendant, after a nonjury trial, of attempted assault in the third degree, and sentencing him toa conditional discharge for a period of one year with a $250 fine, unanimously affirmed.

The court properly denied defendant's motion to suppress his statement. The hearing evidenceestablishes that the officer's question, "What happened?" at the scene of an assault did not constitutecustodial interrogation requiring Miranda warnings (see People v Taylor, 57 AD3d 327 [2008], lv denied 12 NY3d860 [2009]).

Defendant's remaining contentions are unavailing (see People v Correa, 15 NY3d 213 [2010]). Concur—Andrias,J.P., Friedman, Richter and Manzanet-Daniels, JJ.