PEOPLE v. CASTRO

7603. 2922/11.

166 A.D.3d 448 (2018)

88 N.Y.S.3d 8

2018 NY Slip Op 07678

The People of the State of New York, Respondent, v. George Castro, Appellant.

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

Decided November 13, 2018.


The court properly denied defendant's motion to suppress statements. Although defendant was in custody and had not yet received Miranda warnings, the record supports the hearing court's finding that the statement defendant made in a car on the way to the District Attorney's office was spontaneous and not the product of interrogation or its functional equivalent. The investigator's brief declarative statement about the seriousness of defendant's situation neither called...

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