People v. Fiorello
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*709The defendant’s inculpatory statement to the police officers who approached him after having observed the erratic course of his vehicle was properly admissible at trial. The defendant’s statement, "I’m too drunk to drive. Let me walk home. I’ll walk home”, was made pursuant to a routine inquiry following an alleged traffic infraction at a point when the defendant was not in custody. Therefore, Miranda warnings were not required (see, Berkemer v McCarty, 468 US 420, 440; People v Bennett, 70 NY2d 891, 894; People v Morales, 65 NY2d 997, 998).
Viewing the evidence in the light most favorable to…
2Cases cited9 opinions
- People v. ContesNew York Court of Appeals · 1983
- People v. SuitteAppellate Division of the Supreme Court of the State of New York · 1982
- Berkemer v. McCartySupreme Court of the United States · 1984
- People v. GallowayNew York Court of Appeals · 1981
- People v. BennettNew York Court of Appeals · 1987
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3Cited by6 opinions
- People v. GilyardAppellate Division of the Supreme Court of the State of New York · 1988
- People v. MasonAppellate Division of the Supreme Court of the State of New York · 1990
- People v. QuezadaAppellate Division of the Supreme Court of the State of New York · 1991
- People v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1991
- People v. Martinez-LopezNew York District Court · 2007
1 more not listed; retrieve them via the Exa API.