PEOPLE v. PENA


300 A.D.2d 132 (2002)

751 N.Y.S.2d 474

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

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

Decided December 17, 2002.


The hearing court properly denied defendant's motion to suppress his written and videotaped confessions. Although the court suppressed a pistol that had been recovered from defendant's place of work, the court correctly determined that defendant's statements were not products of the unlawful search and seizure. At the time defendant was questioned, he was not in custody for possession of the pistol or any other charge. Instead, defendant voluntarily accompanied the detectives...

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