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PEOPLE v. GRAY

3462 4868/11.

148 A.D.3d 557 (2017)

2017 NY Slip Op 02002

48 N.Y.S.3d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LAMONT GRAY, Appellant.

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

Decided March 21, 2017.

The court properly denied defendant's suppression motion. Defendant made the statements at issue while he was detained during a traffic stop. While defendant may have been seized for Fourth Amendment purposes, he 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 none of the police conduct at the...

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