PEOPLE v. SMITH


298 A.D.2d 182 (2002)

749 N.Y.S.2d 486

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ADAM SMITH, Appellant.

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

Decided October 10, 2002.


Defendant's motion to suppress statements was properly denied. The detective's actions in placing the stolen wallet and the victim's driver's license onto a table where defendant was sitting and waiting to be questioned, while the detective briefly conversed with other officers about locating the victim, were incidental to processing the arrest and did not constitute interrogation or its functional equivalent (compare People v Ferro, 63 N.Y.2d 316...

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