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PEOPLE v. ARCHER

384, 3344/12, 4705/12.

137 A.D.3d 449 (2016)

25 N.Y.S.3d 873

2016 NY Slip Op 01557

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PATRICK ARCHER, Appellant.

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

Decided March 3, 2016.

The court properly denied defendant's motion to suppress statements he made to the police. The first statement did not require Miranda warnings, because defendant, who was detained during a traffic stop, was not in custody for Miranda purposes (see Berkemer v McCarty, 468 U.S. 420, 436-437 [1984]; People v Bennett, 70 N.Y.2d 891 [1987]), and because the questioning was merely investigatory...

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