PEOPLE v. NEVONE


258 A.D.2d 944 (1999)

687 N.Y.S.2d 918

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY NEVONE, Appellant.

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

Decided February 10, 1999.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that County Court erred in denying his motion to suppress statements that he made while in custody before the police gave him his Miranda warnings. We disagree. The record establishes that the police officer's response to defendant's inquiry did not constitute interrogation or its functional equivalent and that defendant's subsequent statements were spontaneous (see, People v Rivers,<...

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