PEOPLE v. CENTANO


76 N.Y.2d 837 (1990)

The People of the State of New York, Respondent, v. Ellis Centano, Also Known as Ellis Sammy Centano, Also Known as Ellis Centeno, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1990.


Attorney(s) appearing for the Case

Paul Liu and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Beth J. Thomas and Donald J. Siewert of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE and BELLACOSA concur; Judge TITONE dissents and votes to reverse in an opinion in which Judges ALEXANDER and HANCOCK, JR., concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant argues that he was subjected to a custodial interrogation and that due to the failure to administer Miranda warnings (Miranda v Arizona, 384 U.S. 436), all statements made by him should be suppressed. The issue of whether a suspect is in custody is generally a question of fact (see, ...

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