Defendant's motion to suppress her statements was properly denied. The record supports the court's finding that defendant was not in custody at the time she made the statement that she challenges on the ground of lack of Miranda warnings. At the time of the statement at issue, a reasonable person similarly situated to defendant, and innocent of any crime, would not have believed that her freedom was significantly restricted (see People v Yukl,
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PEOPLE v. RIVERA
4 A.D.3d 131 (2004)
771 N.Y.S.2d 510
THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVETH RIVERA, Appellant.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
February 10, 2004.
February 10, 2004.
Appellate Division of the Supreme Court of the State of New York, First Department.
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