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PEOPLE v. BURNS

18 A.D.3d 397 (2005)

795 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TREVOR BURNS, Appellant.

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

May 31, 2005.

The court properly denied defendant's motion to suppress his statements to police. His initial questioning was not custodial and did not require Miranda warnings (see Oregon v Mathiason, 429 U.S. 492, 495 [1977]). The test of whether an interrogation is custodial is what a reasonable person in the defendant's position, innocent of any crime, would have thought (People v Yukl, 25 N.Y.2d 585

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