PEOPLE v. HICKS


108 Misc.2d 730 (1981)

The People of the State of New York, Plaintiff, v. Kevin Hicks et al., Defendants.

Supreme Court, Criminal Term, Bronx County.

May 4, 1981


Attorney(s) appearing for the Case

Mario Merola, District Attorney, for plaintiff. Ronald Schecter for Kevin Hicks, defendant.


HOWARD E. GOLDFLUSS, J.

It is commonly accepted to be the law that when a person is interrogated by the police in a noncustodial setting, no Miranda warnings are required. The unique question presented herein is whether gratuitous giving of the rights by the police, although not required, changes that noncustodial status.

At the hearing on the omnibus pretrial motion, Detective Ramos testified that he had received information concerning...

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