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PEOPLE v. BONEFONTE

294 A.D.2d 590 (2002)

742 N.Y.S.2d 569

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL BONEFONTE, Appellant.

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

Decided May 28, 2002.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not subjected to a custodial interrogation before he was given his Miranda rights (see Miranda v Arizona, 384 U.S. 436). Under the circumstances, it is clear that "a person innocent of any crime" would not have believed that he was under arrest (see People v Bush, 220 A.D.2d 607; People v...

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