It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal sexual act in the first degree (Penal Law § 130.50 [3]), defendant contends that Supreme Court erred in refusing to suppress his statement to the police. We reject that contention. The court properly determined that defendant was not in custody when he made his admission to a police investigator...
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