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PEOPLE v. CRUZ

2019-01850. Ind. No. 1530/17.

195 A.D.3d 637 (2021)

147 N.Y.S.3d 688

2021 NY Slip Op 03467

The People of the State of New York, Respondent, v. Kenny Cruz, Appellant.

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

Decided June 2, 2021.

Attorney(s) appearing for the Case

Mark Diamond , New York, NY, for appellant.

Madeline Singas , District Attorney, Mineola, NY ( Judith R. Sternberg and Autumn S. Hughes of counsel), for respondent.

Dillon, J.P., Miller, Connolly and Brathwaite Nelson, JJ., concur.

Ordered that the judgment, as amended, is affirmed.

The Supreme Court properly denied suppression of the defendant's statements to law enforcement officials. The defendant's statements, which he made prior to his being given Miranda warnings (see Miranda v Arizona, 384 U.S. 436 [1966]), were voluntary, spontaneous, and not the result of any police conduct or questioning that reasonably could have been expected to elicit...

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