PEOPLE v. KELLEY

KA 10-00306.

91 A.D.3d 1318 (2012)

937 N.Y.S.2d 514

2012 NY Slip Op 587

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOHN KELLEY, Appellant.

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

Decided January 31, 2012.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, after a nonjury trial, of burglary in the third degree (Penal Law § 140.20) and criminal mischief in the fourth degree (§ 145.00 [1]), defendant contends that County Court erred in refusing to suppress his statements to the police because, inter alia, he was subjected to custodial interrogation and thus Miranda warnings...

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