PEOPLE v. TANKLEFF


84 N.Y.2d 992 (1994)

646 N.E.2d 805

622 N.Y.S.2d 503

The People of the State of New York, Respondent, v. Martin Tankleff, Appellant.

Court of Appeals of the State of New York.

Decided December 22, 1994.


Attorney(s) appearing for the Case

Rogers & Wells, New York City (Mark F. Pomerantz, Warren L. Feldman, Peter M. Hoffman, Shannon R. Clark, David E. McCraw, Robert C. Gottlieb and Craig E. Parles of counsel), for appellant.

James M. Catterson, Jr., District Attorney of Suffolk County, Riverhead (Mark D. Cohen, Steven A. Hovani, Michael Miller and Glenn Green of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH, LEVINE and CIPARICK concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

There is support in the record for the undisturbed finding of the trial court that defendant was not in custody and thus was not entitled to Miranda warnings at any point before he indicated his desire to tell the police what really had happened on the morning his parents were bludgeoned and stabbed to death. Similarly, the record supports...

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