PEOPLE v. ASKEW


220 A.D.2d 811 (1995)

632 N.Y.S.2d 287

The People of the State of New York, Respondent, v. Timothy Askew, Appellant

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

October 12, 1995


Crew III, J.

We reject defendant's contention that County Court erred in refusing to suppress his statement, "[N]o, I am in here myself", in response to the police query of whether anyone else was in the building. That inquiry was made while a police officer was securing defendant in a closed, darkened restaurant, where he was found behind the refrigerator, and obviously was prompted by the officer's concern for his own and his fellow officers' safety...

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