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PEOPLE v. NOLCOX

190 A.D.2d 824 (1993)

The People of the State of New York, Respondent, v. David Nolcox, Appellant

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

February 16, 1993

Ordered that the judgment is affirmed.

It is well settled that the test to determine whether a person is in custody so as to trigger the requirement that Miranda warnings be given is whether a reasonable person, innocent of any crime, would have thought that he or she was in custody (see, People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851). That the questioning takes place in a police station, or...

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