PEOPLE v. SMITH


150 A.D.2d 738 (1989)

The People of the State of New York, Respondent, v. Gregory Smith, Appellant

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

May 22, 1989


Ordered that the judgment is affirmed.

On the instant appeal, the defendant argues that his statements to the police should have been suppressed, since he was not given his Miranda warnings prior to custodial interrogation. We disagree.

The record indicates that on September 28, 1985, at about 1:30 A.M., a police officer observed the defendant standing in the doorway of a store which was closed for the night, making a side to side motion with his hand...

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