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PEOPLE v. DUNCAN

21 A.D.3d 252 (2005)

800 N.Y.S.2d 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KELLY DUNCAN, Appellant.

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

August 4, 2005.

The court should have granted defendant's suppression motion. Defendant was in custody when he was asked why he had changed his shirt, in that a reasonable, innocent person in defendant's situation would not have felt free to leave (see Matter of Ricardo S., 297 A.D.2d 255 [2002]). Furthermore, the question about the shirt constituted interrogation. Unlike People v. Huffman (41 N.Y.2d 29

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