PEOPLE v. ARCESE


148 A.D.2d 460 (1989)

The People of the State of New York, Appellant, v. Anthony Arcese, Respondent

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

March 6, 1989


Ordered that the order is reversed insofar as appealed from, on the law and the facts, and that branch of the defendant's motion which was to suppress statements made by him to the police is denied.

Contrary to the hearing court's determination, we conclude that the defendant was not in custody during the questioning conducted by Sergeant McKeon prior to the administration of his Miranda warnings and, therefore, the defendant's statements made in response to...

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