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PEOPLE v. NIEVES

258 A.D.2d 928 (1999)

685 N.Y.S.2d 552

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO NIEVES, Appellant. (Appeal No. 1.)

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

Decided February 10, 1999.

Judgment unanimously affirmed.

Memorandum:

Supreme Court properly denied the motion to suppress defendant's statements to the police. The record supports the court's determination that defendant was not in custody when he made his initial incriminating remarks (see, People v Yukl, 25 N.Y.2d 585, 589, rearg denied 26 N.Y.2d 883, cert denied 400 U.S. 851) and that defendant...

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