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PEOPLE v. MOSLEY

196 A.D.2d 893 (1993)

601 N.Y.S.2d 1021

The People of the State of New York, Respondent, v. Gordon Scott Mosley, Appellant

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

September 27, 1993

Ordered that the judgment is affirmed.

The test of whether an individual is in custody is determined not by what the defendant thought but what a reasonable person, innocent of any crime, would have thought in the defendant's position (see, People v Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851). The factors set forth in People v Arcese (148 A.D.2d 460) and

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