Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
We agree with the Supreme Court that the defendant's statements to the police were spontaneous. Prior to advising the defendant of his Miranda rights, the police did not engage in any conduct which an objective observer would conclude was reasonably likely to elicit a response from the defendant (see...
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