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PEOPLE v. HIGHTOWER

4845, 4649/11.

154 A.D.3d 636 (2017)

2017 NY Slip Op 07573

63 N.Y.S.3d 370

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KAHN HIGHTOWER, Appellant.

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

Decided October 31, 2017.

The court properly denied defendant's motion to suppress a statement he made to the police before the administration of Miranda warnings. The record amply supports the court's finding that defendant was not in custody at the time of the statement (see People v Yukl, 25 N.Y.2d 585, 589 [1969], cert denied 400 U.S. 851 [1970]). Defendant voluntarily accompanied the police to the precinct, he was not handcuffed or in any...

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