Ordered that the judgment is modified, on the law, by vacating the conviction of criminal possession of a weapon in the fourth degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
The record supports the hearing court's conclusion that the defendant voluntarily made certain incriminating statements to the police at a time when he was not in custody. Under these circumstances, the Supreme...
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