Judgment unanimously affirmed.
Memorandum:
We reject the contention of defendant that County Court erred in denying his suppression motion. The court properly concluded that defendant was not in custody when he was questioned at the hospital waiting room about the victim's injuries. Such "noncustodial questioning of a witness is investigative in nature and does not require that the Miranda warnings be given" ( People v. Stokley, 134 A.D.2d 542, lv denied 70 N.Y.2d 960; see, People v. Hurley, 154 A.D.2d 617). The sentence is neither unduly harsh nor severe.