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PEOPLE v. WALLACE

No. 51

27 N.Y.3d 1037 (2016)

53 N.E.3d 705

33 N.Y.S.3d 828

2016 NY Slip Op 03210

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BOBBY WALLACE, Appellant.

Court of Appeals of New York.

Decided April 28, 2016.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York City ( Katherine Kelly Fell and Kyle Adam Wirshba of counsel), and Seymour W. James, Jr. , The Legal Aid Society, New York City ( Lawrence T. Hausman of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York City ( Ellen Stanfield Friedman and Sylvia Wertheimer of counsel), for respondent.

Chief Judge DiFIORE and Judges PIGOTT, RIVERA, ABDUS-SALAAM, STEIN, FAHEY and GARCIA concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant failed to preserve for this Court's review the two arguments he now raises on appeal.

Defendant argues that, irrespective of the surrounding circumstances, his admission that he struck the victim, in response to police questioning, placed him in custody such that his subsequent statement — and the weapon he ultimately produced to the...

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