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PEOPLE v. HERNANDEZ

25 A.D.3d 377 (2006)

806 N.Y.S.2d 589

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM HERNANDEZ, Appellant.

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

January 10, 2006.

The court properly denied defendant's motion to suppress his statements to police. The record supports the court's finding that none of the statements he made prior to receiving Miranda warnings was custodial (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,<...

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