PEOPLE v. BROWN

102726.

77 A.D.3d 1186 (2010)

909 N.Y.S.2d 820

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MWATA A. BROWN, Appellant.

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

Decided October 28, 2010.


McCARTHY, J.

An indictment charged defendant with grand larceny in the fourth degree for stealing the victim's income tax refund. Following a nonjury trial, County Court found defendant guilty and imposed sentence. Defendant appeals.

County Court correctly denied defendant's motion to suppress his statements to the police. To determine whether a reasonable person in defendant's position would have felt free to leave, or whether the questioning was custodial...

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