PEOPLE v. BAEZ

Nos. 6320, 6250/08.

95 A.D.3d 654 (2012)

944 N.Y.S.2d 539

2012 NY Slip Op 3930

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS BAEZ, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 22, 2012.


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 the vehicle after the officers observed defendant, who was sitting in the rear, reach into the seat pocket in front of him and manipulate an object. An officer retrieved a gravity knife from the seat pocket...

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