James D. Doyle, Rochester, for defendant.
Howard R. Relin, District Attorney (
Julia Romanow of counsel), for plaintiff.
OPINION OF THE COURT
VINCENT B. CAMPBELL, J On September 24, 1999 Greece Police Sergeant Thomas Schamerhorn was on patrol in the Town of Greece, New York, having been assigned to a traffic control and driving while intoxicated detail. At approximately 3:19 A.M., Sergeant Schamerhorn, traveling northbound on North Greece Road, noticed in his rearview mirror the headlights of a vehicle, which he suspected was speeding. He parked his patrol car and at the time of trial on the remaining charges. The defendant's statements were given voluntarily without coercion in response to the officer's investigatory inquiry. She was not, as a matter of law, in custody at the time and therefore Miranda warnings were not required (People v Bennett, 70 NY2d 891).