Defendant's interrogation followed a search of his person, under authority of a search warrant, by police officers with drawn guns. Obviously, defendant was in custody, his will to resist was affected and there was compulsion to speak. Clearly, under these circumstances, defendant was entitled to the Miranda warnings before being questioned. (See People v. Phinney,
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PEOPLE v. TOLENTINO
40 A.D.2d 596 (1972)
The People of the State of New York, Appellant, v. Louis Tolentino, Respondent
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
September 26, 1972
September 26, 1972
Appellate Division of the Supreme Court of the State of New York, First Department.
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