PEOPLE v. FLANNERY


137 A.D.2d 615 (1988)

The People of the State of New York, Respondent, v. Frank Flannery, Appellant

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

February 8, 1988


Ordered that the judgment is affirmed.

We disagree with the defendant's contention that the statements made by him to the police prior to the reading of the Miranda warnings should have been suppressed. The minutes of the pretrial hearing reveal that the initial question of the officer who first arrived upon the scene constituted an attempt to clarify a volatile situation rather than an attempt to elicit evidence of a crime (see, People v Johnson...

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