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PEOPLE v. EALEY

272 A.D.2d 269 (2000)

710 N.Y.S.2d 321

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMAL EALEY, Also Known as TYRONE JOHNSON, Appellant.

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

Decided May 30, 2000.

Defendant's suppression motion was properly denied. Defendant's statements to the police were not prompted by any police words or actions, but rather were voluntary, spontaneous utterances, and were therefore admissible (see, People v Ferro, 63 N.Y.2d 316, cert denied 472 U.S. 1007). The police did not engage in formal questioning or its functional equivalent when, at the time of the arrest, they merely informed defendant...

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