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PEOPLE v. POLANCOBATISTA

2015-08892, Ind. No. 14-01593.

155 A.D.3d 1064 (2017)

65 N.Y.S.3d 458

2017 NY Slip Op 08394

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK POLANCOBATISTA, Also Known as FRANK BATISTA, Appellant.

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

Decided November 29, 2017.

Ordered that the judgment, as amended, is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress statements the defendant made to police in a patrol car after his apprehension, but before Miranda warnings were given (see Miranda v Arizona, 384 U.S. 436 [1966]), since those statements were spontaneous and not the result...

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