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PEOPLE v. YARUSEVICH

81 A.D.2d 528 (1981)

The People of the State of New York, Respondent, v. Bernard Yarusevich, Appellant

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

April 16, 1981

Since the defendant was not in custody on August 21, 1977, his statements given to the police during the investigation were properly received in evidence. (People v Yukl, 25 N.Y.2d 585.) On September 1, 1977, defendant waived his right to counsel after being given appropriate warnings by Detective Minichiello. Hence, those voluntary statements were admissible (People v Stephen J. B., 23 N.Y.2d 611

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