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PEOPLE v. MORALES

281 A.D.2d 182 (2001)

721 N.Y.S.2d 526

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY MORALES, Appellant.

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

Decided March 6, 2001.

Defendant's suppression motion was properly denied. Regardless of which party is deemed to have the burden of proof on the issue of custodial interrogation (see, People v Alls, 83 N.Y.2d 94, 102, 113), the record establishes that defendant was not in custody nor was he interrogated at the time he made the first statement at issue (see, People v Yukl, 25 N.Y.2d 585, cert denied 400...

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