PEOPLE v. COOPER

8180, 4191/08.

99 A.D.3d 453 (2012)

952 N.Y.S.2d 23

2012 NY Slip Op 6656

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE COOPER, Appellant.

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

October 4, 2012.


The court properly denied defendant's motion to suppress statements. Defendant did not preserve his claim that governmental involvement in the actions of store security personnel created a police-dominated atmosphere requiring Miranda warnings, and we decline to review it in the interest of justice. The court did not "expressly decide[ ]" the issue "in response to a protest by a party" (CPL 470.05 [2]; see People v Turriago, 90 N.Y.2d 77

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