Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).
The hearing court properly concluded that the defendant was not in police custody at the scene of the accident or at the hospital prior to his arrest. The record reveals that at the scene of the accident, a police officer requested that the defendant sit in the back of his patrol car for the defendant's safety. The...
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