PEOPLE v. CASTRO

2008-09631

73 A.D.3d 800 (2010)

899 N.Y.S.2d 653

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIO CASTRO, Appellant.

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

Decided May 4, 2010.


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, under the circumstances here, the Supreme Court did not err when it determined that a police officer's act of placing a knife recovered from the crime scene on a desk where the defendant was seated while the officer obtained the defendant's pedigree information, was not the functional equivalent of a police interrogation. The credibility determinations of the Supreme Court following a suppression...

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