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PEOPLE v. GUTIERREZ

13 A.D.3d 268 (2004)

787 N.Y.S.2d 266

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JORGE GUTIERREZ, Appellant.

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

December 21, 2004.

The court properly denied defendant's suppression motion. There is no basis for disturbing the court's credibility determinations, which are supported by the record (see People v Prochilo, 41 N.Y.2d 759, 761 [1977]). The officer was not required to administer Miranda warnings because defendant, who was detained pursuant to a routine traffic stop, was not in custody for Miranda purposes (People v Mathis,

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