PEOPLE v. RODRIGUEZ

6677, 2947/09

92 A.D.3d 425 (2012)

938 N.Y.S.2d 45

2012 NY Slip Op 726

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOEL RODRIGUEZ, Appellant.

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

Decided February 2, 2012.


The court properly denied defendant's motion to suppress his statement to the police. The record supports the court's finding that the statement, which defendant made prior to receiving Miranda warnings, was not the product of a custodial interrogation. In this street encounter near the scene of the crime, the police did not restrain defendant or do anything to convey to him that he had been taken into custody (see People v Taylor, 57 A.D.3d...

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