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PEOPLE v. CARVEY

60 A.D.3d 781 (2009)

873 N.Y.S.2d 918

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

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

Decided March 10, 2009.

Ordered that the judgment is affirmed.

The hearing court properly denied that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials since a reasonable person, innocent of any crime, would not have believed that he was in custody at the time the defendant made his statements (see People v Ballard, 16 A.D.3d 697, 698 [2005]).

The sentence imposed was not excessive...

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