PEOPLE v. JENKINS


44 A.D.3d 565 (2007)

844 N.Y.S.2d 252

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID E. JENKINS, JR., Appellant.

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

Decided October 30, 2007.


The court properly denied defendant's motion to suppress the statements at issue. When the police responded to a radio report of a dispute and found defendant, the victim and the codefendant, all of whom appeared to have been involved in a bloody altercation, the officers were not required to provide Miranda warnings prior to telling defendant to sit down and asking him "What happened?" The police did nothing to suggest to defendant that he was in custody; on the contrary...

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