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PEOPLE v. GARCIA

197 A.D.2d 380 (1993)

602 N.Y.S.2d 360

The People of the State of New York, Respondent, v. Rene Garcia, Appellant

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

October 7, 1993

Defendant's self-incriminating statements were not the result of police interrogation or its functional equivalent, but were spontaneous, and therefore properly admitted (see, People v Gonzales, 75 N.Y.2d 938, cert denied 498 U.S. 833). Whether defendant actually made the statements was an issue pertinent at trial, not the Huntley hearing (People v Simmons, 170 A.D.2d 15

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