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PEOPLE v. PROUT

147 A.D.2d 937 (1989)

The People of the State of New York, Respondent, v. Russell Prout, Appellant

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

February 3, 1989

Judgment unanimously affirmed.

Memorandum:

We agree with the findings of the suppression court and with its conclusion that defendant was not in custody when he was in the police car at the scene of the fire. The statements made at that time, therefore, were admissible even though they were made before defendant was given his Miranda warnings.

The court's charge defining custody was correct (see, People v Yukl,

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