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PEOPLE v. McCLOUGH

2014-00082, Ind. No. 374/13.

135 A.D.3d 880 (2016)

23 N.Y.S.3d 365

2016 NY Slip Op 00383

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DIQUAN McCLOUGH, Appellant.

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

Decided January 20, 2016.

Ordered that the judgment is affirmed.

The defendant was not entitled to suppression of a statement he made to law enforcement officials following his arrest and before he was advised of his Miranda rights (see Miranda v Arizona, 384 U.S. 436 [1966]). After a detective succinctly and accurately answered the defendant's inquiry if he was under arrest or being brought in for questioning, the defendant asked, "How could you...

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