PEOPLE v. PENA


263 A.D.2d 363 (1999)

693 N.Y.S.2d 538

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL PENA, Appellant.

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

Decided July 1, 1999.


Defendant's suppression motion was properly denied in all respects. During the initial police encounter when defendant exited the building adjoining the crime scene, he was asked what he was doing in the building. He then voluntarily accompanied the officers to the apartment that he claimed to have been visiting. At no time was he physically restrained or told that he was under arrest. These circumstances constituted, at most, a common-law inquiry (see, People v Bora,...

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