People v. Baez

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J., at suppression hearing; Roger S. Hayes, J., at jury trial and sentencing), rendered December 11, 2009, convicting defendant of criminal possession of a weapon in the third degree and sentencing him, as a second felony offender, to a term of two to four years, affirmed.

Defendant claims that the motion court should have suppressed his self-incriminating response to police questioning because he was not given Miranda warnings. During a traffic stop, police officers ordered the vehicle’s five occupants to get out and gather behind…