PEOPLE v. BURGOS


255 A.D.2d 199 (1998)

681 N.Y.S.2d 239

The People of the State of New York, Respondent, v. Robert Burgos, True Name Ivan Martinez, Appellant

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

November 17, 1998


Defendant's motion for suppression of statements was properly denied. The record supports the suppression court's ruling that Miranda warnings were not required when the arresting officer asked defendant, for safety purposes, whether he had anything on his person, such as a needle or knife, that might cut the officer who was about to conduct a patdown of defendant, since the question posed was not aimed at eliciting an incriminating response but was asked solely to...

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