3717. PEOPLE, res, v. DAMON FLAGG, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Sara Maeder of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for res — Judgment, Supreme Court, New York County (Carol Berkman, J.), rendered November 14, 2012, convicting defendant, after a jury trial, of criminal possession of a weapon in the second and fourth degrees and criminal possession of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender, to an aggregate term of eight years, unanimously affirmed.
The court properly denied defendant’s motion to suppress statements he made before receiving Miranda warnings. When, in response to an officer’s pedigree question as to his address, defendant acknowledged he resided in the apartment where he was arrested and where the contraband at issue was found, warnings were not required because this routine administrative question, which was part of a series of standard booking questions such as name, address, and so forth, was not designed to elicit an incriminating response (see Pennsylvania v. Muniz, 496 US 582, 601—602 [1990]; People v. Rodney, 85 NY2d 289, 292—294 [1995]; People v. Watts, 309 AD2d 628 [1st Dept 2003], lv denied 1 NY3d 582 [2003]), even if the answer was reasonably likely to be incriminating (see People v. Alleyne, 34 AD3d 367 [1st Dept 2006], lv denied 8 NY3d 918 [2007], cert denied 552 US 878 [2007]). The People also met their burden of proving that defendant’s other pre-Miranda statements were spontaneous and not the product of any questioning or its equivalent, and there is nothing to cast doubt on the statements’ spontaneity. Defendant’s claim that even if the statements were otherwise spontaneous, they were the product of the allegedly inadmissible pedigree statement is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we find that the spontaneous statements were admissible irrespective of the admissibility of the pedigree statement.
