People v. Taylor

Memorandum: On appeal from a judgment convicting him of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06 [5]) and failure to wear a seatbelt (Vehicle and Traffic Law § 1229-c [3]), defendant contends that Supreme Court erred in refusing to suppress his statements to the police because he had not waived his Miranda rights at the time the statements were made. We reject that contention. Although defendant was in custody when the statements were made inasmuch as he was handcuffed and under arrest, we conclude that his statements were spontaneous and that the…