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PEOPLE v. FERNANDES

62 A.D.3d 721 (2009)

878 N.Y.S.2d 418

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK FERNANDES, Appellant.

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

Decided May 5, 2009.

Ordered that the judgment is affirmed.

The record supports the hearing court's determination that the defendant's statement, taken after he was placed in custody but before Miranda warnings (see Miranda v Arizona, 384 U.S. 436 [1966]) were given, was made voluntarily and spontaneously and was not the product of police interrogation or its functional equivalent (see People...

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