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PEOPLE v. NELSON

2008-02394

73 A.D.3d 811 (2010)

899 N.Y.S.2d 659

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NAKWAN NELSON, Appellant.

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

Decided May 4, 2010.

Ordered that the judgment is affirmed.

Prior to being advised of his Miranda rights (see Miranda v Arizona, 384 U.S. 436 [1966]), the defendant made a brief oral statement to a detective indicating that he was "with" the perpetrators at the time of the subject robbery and homicide, but was standing across the street. The hearing court suppressed this statement upon the ground that it was the product of custodial interrogation...

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