PEOPLE v. SMITH


234 A.D.2d 946 (1996)

652 N.Y.S.2d 440

The People of the State of New York, Respondent, v. Robert Smith, Jr., Appellant

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

December 30, 1996


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that Supreme Court erred in denying his motion to suppress. The court properly concluded that defendant voluntarily accompanied the police to the station and was not thereafter detained without probable cause. The test for whether a person is in custody is an objective one, the relevant inquiry being "what a reasonable man, innocent of any crime, would have thought had he been...

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