PEOPLE v. RIVERA


285 A.D.2d 385 (2001)

728 N.Y.S.2d 446

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN RIVERA, Appellant.

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

Decided July 12, 2001.


Defendant's motion to suppress his statement to the police was properly denied. There is no basis upon which to disturb the court's credibility determinations, which are supported by the record. The hearing court correctly found that defendant's questioning was not custodial where defendant voluntarily accompanied the police to the station, was not handcuffed, was left alone at the station house for a period of time unguarded and unrestrained, and was not subjected to lengthy...

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