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PEOPLE v. MALDONADO

184 A.D.2d 590 (1992)

The People of the State of New York, Respondent, v. Felix Maldonado, Appellant

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

June 8, 1992

Ordered that the judgment is affirmed.

On appeal, the defendant contends that his statements to the police should have been suppressed on the ground that he was not advised of his Miranda rights prior to custodial interrogation. We disagree.

The arresting officer's pre-Miranda inquiry regarding the contents of the defendant's clenched fist was justified in order to protect the officer's welfare (see, People v Chestnut,

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