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PEOPLE v. CARRIER

248 A.D.2d 628 (1998)

669 N.Y.S.2d 936

The People of the State of New York, Respondent, v. Anthony Carrier, Appellant

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

March 23, 1998

Ordered that the judgment is affirmed.

The issue of whether a suspect is in custody is generally a question of fact (People v Centano, 76 N.Y.2d 837), and the standard to be applied is whether a reasonable person, innocent of any crime, would have believed that he or she was in police custody (People v Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851). Weighing the relevant factors...

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