PEOPLE v. ORTEGA

Ind. No. 5112/12. Appeal No. 15240. Case No. 2019-4209.

202 A.D.3d 489 (2022)

162 N.Y.S.3d 347

2022 NY Slip Op 00828

The People of the State of New York, Respondent, v. Yoselyn Ortega, Appellant.

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

Decided February 8, 2022.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Abigail Everett of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Dana Poole of counsel), for respondent.

Concur— Renwick, J.P., Mazzarelli, Friedman, Singh, Pitt, JJ.


The court properly denied defendant's motion to suppress statements to the police. The record supports the court's finding that the statements were spontaneous and thus did not require Miranda warnings. Spontaneity in the context of preinterrogation warnings turns on whether a statement made was the product of "express questioning or its functional equivalent" (Rhode Island v Innis, 446 U.S. 291, 300-301 [1980]; see People...

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