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PEOPLE v. CARLTON

2009-01922.

85 A.D.3d 1196 (2011)

926 N.Y.S.2d 161

2011 NY Slip Op 5727

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DORMOUTH CARLTON, Appellant.

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

June 28, 2011.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the statements he made to police prior to being given Miranda warnings (see Miranda v Arizona, 384 U.S. 436 [1966]), were voluntary and spontaneous and not triggered by any police questioning or other conduct which reasonably could have been expected to elicit a declaration from him (see Rhode Island v Innis, 446 U.S. 291...

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