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PEOPLE v. BELMONTE

122 A.D.2d 64 (1986)

The People of the State of New York, Respondent, v. John J. Belmonte, Appellant

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

July 7, 1986

Judgment affirmed, and case remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

We agree with the suppression court that the defendant was not in custody at the time he made the challenged statements and gave physical evidence to the police, and that this evidence is therefore admissible (see, People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851).

The defendant...

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