Opinion
October 2, 1998
Appeal from Judgment of Wayne County Court, Parenti, J. — Attempted Assault, 2nd Degree.
Present — Denman, P. J., Green, Wisner, Balio and Fallon, JJ.
Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of attempted assault in the second degree (Penal Law § 110.00, 120.05 Penal [4]) and criminal contempt in the first degree (Penal Law § 215.51 [b]) and sentencing him as a second felony offender to concurrent terms of incarceration of 1 1/2 to 3 years. The sole contention of defendant on appeal is that County Court erred in denying his motion to suppress his statements on the ground that they were not preceded by Miranda warnings.
The court properly refused to suppress defendant's initial oral statements at the police station. Although those statements were not preceded by Miranda warnings, they were spontaneous and not in response to "interrogation", i.e., words or actions by police that were intended or likely to elicit an incriminating response ( see, Rhode Island v. Innis, 446 U.S. 291, 300-302; People v. Velasquez, 68 N.Y.2d 533, 537; People v. Ferro, 63 N.Y.2d 316, 318, 322-323, cert denied 472 U.S. 1007; People v. Maerling, 46 N.Y.2d 289, 303).
Similarly, the court properly refused to suppress defendant's subsequent oral and written statements. The evidence established that defendant was not intoxicated to such a degree that he was incapable, of voluntarily, knowingly, and intelligently waving his Miranda rights ( see, People v. Gadson, 239 A.D.2d 924, lv denied 90 N.Y.2d 905; People v. Gagliardi, 232 A.D.2d 879, 880; People v. Morales, 228 A.D.2d 525, lv denied 88 N.Y.2d 1070; People v. Shabaz, 173 A.D.2d 498, 499, lv denied 79 N.Y.2d 923; see generally, People v. Schompert, 19 N.Y.2d 300, 305-307, cert denied 389 U.S. 874).