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PEOPLE v. DEJESUS

32 A.D.3d 753 (2006)

821 N.Y.S.2d 551

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL DeJESUS, Appellant.

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

September 21, 2006.

The court properly denied defendant's suppression motion. The hearing record establishes that defendant's statements made prior to Miranda warnings were not the product of custodial interrogation because a reasonable innocent person in defendant's position would not have thought he was in custody (see People v Yukl, 25 N.Y.2d 585 [1969], cert denied 400 U.S. 851 [1970]). Defendant...

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