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MATTER OF KERBY F.

261 A.D.2d 316 (1999)

690 N.Y.S.2d 424

In the Matter of KERBY F., a Person Alleged to be a Juvenile Delinquent, Appellant.

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

Decided May 25, 1999.

Appellant's suppression motion was properly denied. The totality of the circumstances supports the court's determination that appellant was not in custody at the time of his incriminating statement (see, Matter of Kwok T., 43 N.Y.2d 213, 218-220; People v Yukl, 25 N.Y.2d 585, 589, cert denied 400 U.S. 851; Matter of Hafeesah A., 243 A.D.2d 255

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