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PEOPLE v. WRIGHT

188 A.D.2d 272 (1992)

The People of the State of New York, Respondent, v. Samuel Wright, Appellant

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

December 1, 1992

The hearing court's finding that defendant was not in custody prior to his being given Miranda warnings should not be disturbed. "Where there are different inferences that can be drawn from the facts, the choice is for the trier of the facts and should be honored unless unsupported as a matter of law" (People v McNeeley, 77 A.D.2d 205, 208-209). Defendant's presence at the precinct for nearly two days is not determinative...

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