People v. Mango

2022 NY Slip Op 03908

The People of the State of New York, respondent, v. Thomas Mango, appellant.

No. 2019-12813, Ind. No. 48/18

Supreme Court of New York, Second Department

June 15, 2022

Joseph A. Hanshe, Sayville, NY, for appellant.

Anne T. Donnelly, District Attorney, Mineola, NY (Cristin N Connell and Benjamin A. Kussman of counsel), for respondent.

FRANCESCA E. CONNOLLY, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Francis Ricigliano, J.), rendered May 23, 2019 convicting him of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied that branch of his omnibus motion which was to suppress statements he made to police on May 8, 2017, without Miranda warnings being administered (see Miranda v Arizona, 384 U.S. 436), since the statements were either made during a temporary roadside detention (see Pennsylvania v Bruder, 488 U.S. 9, 10; People v Williams, 81 A.D.3d 993; People v Tandle, 71 A.D.3d 1176, 1178; People v Parris, 26 A.D.3d 393, 394-395) or were spontaneous and not the result of interrogation or its functional equivalent (see People v Demello, 186 A.D.3d 1709, 1709; People v Polancobatista, 155 A.D.3d 1064, 1064-1065).

CONNOLLY, J.P., ROMAN, CHRISTOPHER an...