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PEOPLE v. MILLER

8527, 1529/08.

100 A.D.3d 466 (2012)

953 N.Y.S.2d 585

2012 NY Slip Op 7585

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DEVON MILLER, Appellant.

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

November 13, 2012.

The court properly denied defendant's motion to suppress statements made to law enforcement personnel. The record supports the hearing court's finding that when defendant made his pre-Miranda statements, a reasonable innocent person in defendant's position would not have thought he was in custody (see People v Yukl, 25 N.Y.2d 585 [1969], cert denied 400 U.S. 851 [1970]; see also Stansbury v California,

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