People v Nunez
2005 NY Slip Op 06748 [21 AD3d 814]
September 20, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 16, 2005


The People of the State of New York, Respondent,
v
Oscar Nunez, t/n Morris Biles, Appellant.

[*1]Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered February 25, 2003, convicting defendant, after a jury trial, of unauthorized use of a vehicle in the second degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. There was ample evidence that defendant exercised control of a car (see People v Roby, 39 NY2d 69 [1976]), and did so with knowledge that he lacked consent of the owner (see Matter of Raquel M., 99 NY2d 92 [2002]).

The court properly denied defendant's motion to suppress his statement to the arresting officers. Miranda warnings were not required since defendant was not subject to custodial interrogation (see People v Huffman, 41 NY2d 29, 33-34 [1976]). Concur—Friedman, J.P., Marlow, Gonzalez and Catterson, JJ.