PEOPLE v. HERNANDEZ

4863/12-430, 11259.

181 A.D.3d 530 (2020)

122 N.Y.S.3d 11

2020 NY Slip Op 02100

The People of the State of New York, Respondent, v. Pedro Hernandez, Appellant.

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

Decided March 26, 2020.


The court properly denied defendant's suppression motion. There is no basis for disturbing the hearing court's factual determinations. The hearing record establishes that, under the totality of circumstances, defendant's statements made before he received Miranda warnings were not the product of custodial interrogation, because a reasonable innocent person in defendant's position would not have thought he was in custody (see People v Yukl, 25...

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