PEOPLE v. REYES

3407.

77 A.D.3d 509 (2010)

909 N.Y.S.2d 65

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

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

Decided October 21, 2010.


Defendant's statements admitting that he had a pistol in his apartment and informing the detectives of its location were the product of custodial questioning that should have been preceded by Miranda warnings. Detectives who had anonymous information that defendant had a pistol in his apartment, and also that he had an outstanding warrant for failing to respond to a summons, went to defendant's apartment and entered with his consent. Since the detectives told defendant...

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