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PEOPLE v. RICHARDSON

Ind. No. 4734/13. Appeal No. 13495. Case No. 2017-2065.

193 A.D.3d 430 (2021)

145 N.Y.S.3d 40

2021 NY Slip Op 02080

The People of the State of New York, Respondent, v. Stewart Richardson, Appellant.

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

Decided April 1, 2021.

Attorney(s) appearing for the Case

Stephen Chu , Interim Attorney-in-Charge, Office of the Appellate Defender, New York ( Emma L. Shreefter of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Amanda Katherine Regan of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, González, Shulman, JJ.

The hearing court properly denied defendant's motion to suppress his statement to police. Miranda warnings were not required, because, to the extent the police briefly detained defendant for questioning in the lobby of his residence, this did not constitute custody for Miranda purposes (see Berkemer v McCarty, 468 U.S. 420, 436-437 [1984]; People v Bennett, 70 N.Y.2d 891 [1987...

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