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PEOPLE v. ZAPATA

280 A.D.2d 500 (2001)

720 N.Y.S.2d 370

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JIMMY ZAPATA, Appellant.

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

Decided February 5, 2001.

Ordered that the judgment is affirmed.

All of the statements made by the defendant before he was advised of and knowingly waived his Miranda rights (see, Miranda v Arizona, 384 U.S. 436) were made in a non-custodial context. Thus, the statements were admissible (see, People v Steed, 222 A.D.2d 536; People v Lovette, 212 A.D.2d 639;

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