PEOPLE v. SCHULTZ


176 A.D.2d 1239 (1991)

The People of the State of New York, Respondent, v. Clifford Duane Schultz, Appellant

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

October 4, 1991


Judgment unanimously affirmed.

Memorandum:

The court properly refused to suppress defendant's oral statements, rejecting his contention that they were the product of custodial interrogation. Defendant was questioned in his home for about one hour, his freedom was unrestricted, and the court was entitled to believe the police officer's testimony that defendant never asked him to leave (see, e.g., Matter...

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