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PEOPLE v. BARRINGTON

34 A.D.3d 341 (2006)

824 N.Y.S.2d 285

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HENRY BARRINGTON, Appellant.

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

Decided November 21, 2006.

The court properly denied defendant's suppression motion. The statement he volunteered during a lawful gunpoint seizure was spontaneous, and was not the product of custodial interrogation requiring Miranda warnings. When the officer told defendant that he was being detained because of an incident that had just occurred involving gunshots, and that defendant would be free to leave if he was not involved, the officer was simply...

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