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PEOPLE v. JONES

47 A.D.3d 446 (2008)

849 N.Y.S.2d 244

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. REGGIE JONES, Appellant.

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

Decided January 10, 2008.

The hearing court should have granted defendant's motion to suppress his first statement to police since the officer's statement was the "functional equivalent" of an interrogation without Miranda warnings (Rhode Island v Innis, 446 U.S. 291, 301 [1980]). Nevertheless, defendant's second statement, approximately four hours later, was spontaneous (cf. People v Johnson, 216 A.D.2d 185,...

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