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PEOPLE v. WALKER

86 A.D.2d 539 (1982)

The People of the State of New York, Respondent, v. Julius Walker, Appellant

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

January 14, 1982

We are not persuaded that the defendant's statements should have been suppressed inasmuch as the defendant was not in custody. (See People v Cunningham, 49 N.Y.2d 203, 209.) In any event, even if the denial of the suppression of the statements was error, it would have been harmless beyond a reasonable doubt in view of the overwhelming evidence of guilt. (See People v Middleton,

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