PEOPLE v. DAVIS


277 A.D.2d 944 (2000)

716 N.Y.S.2d 242

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIC DAVIS, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided November 13, 2000.


Judgment unanimously affirmed.

Memorandum:

Defendant contends that his oral statements, made while he was in custody and before he received Miranda warnings, were in response to police interrogation and were not spontaneous. "The question * * * is whether the police conduct should reasonably have been anticipated to evoke a statement from the defendant * * * and whether it can be said under the circumstances that the inculpatory statement was `made...

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