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PEOPLE v. MACK

4 A.D.3d 126 (2004)

771 N.Y.S.2d 343

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JEROME MACK, Appellant.

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

February 5, 2004.

The court properly denied defendant's motion to suppress statements. The hearing record establishes that at the time defendant made his initial statement to a detective, prior to any Miranda warnings, defendant was not in custody (see People v Yukl, 25 N.Y.2d 585, 589 [1969], cert denied 400 U.S. 851 [1970]), and further establishes that this statement was voluntary and that it was not the product of an earlier unlawful...

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