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PEOPLE v. MALAUSSENA

10 N.Y.3d 904 (2008)

891 N.E.2d 725

861 N.Y.S.2d 609

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN MALAUSSENA, Appellant.

Court of Appeals of the State of New York.

Decided June 12, 2008.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Joseph M. Nursey and Richard M. Greenberg of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jacob Kaplan of counsel), for respondent.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The trial court did not err in declining to suppress defendant's confessions. Even assuming that he was in custody once a detective observed blood on defendant's shoe, any violation of Miranda v Arizona (384 U.S. 436 [1966]) did not infect his post-Miranda admissions. Defendant voluntarily appeared at the police station...

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