PEOPLE v. REYES


62 A.D.3d 570 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL REYES, Appellant.

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

Decided May 21, 2009.


The court properly denied defendant's motion to suppress a statement. After arresting defendant for a homicide involving a firearm, but prior to giving him Miranda warnings, the police asked defendant the location of the weapon. Defendant gestured toward a bookcase, where the police found a revolver whose cylinder was missing. The officer asked defendant the whereabouts of the cylinder, and defendant said he threw it out the window. Defendant concedes that the question...

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