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PEOPLE v. PEREZ

44 A.D.3d 441 (2007)

843 N.Y.S.2d 278

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAVIER PEREZ, Appellant.

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

Decided October 16, 2007.

The court properly denied defendant's motion to suppress statements he made to the police and an assistant district attorney. During defendant's interactions with the police prior to the time that they administered Miranda warnings, defendant was not in custody because a reasonable innocent person in defendant's situation would have believed he was free to leave (see People v Yukl, 25 N.Y.2d 585 [1969], cert denied...

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