Opinion
99-04509
Argued April 30, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered March 29, 1999, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress his statements to law enforcement officials.
Andrew C. Fine, New York, N.Y. (Gautam Rana and Rosali Vazquez of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
A. GAIL PRUDENTI, P.J., NANCY E. SMITH, WILLIAM D. FRIEDMANN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not subjected to a custodial interrogation before he was given his Miranda rights (see Miranda v. Arizona, 384 U.S. 436). Under the circumstances, it is clear that "a person innocent of any crime" would not have believed that he was under arrest (see People v. Bush, 220 A.D.2d 607; People v. Walls, 199 A.D.2d 292). Accordingly, the hearing court properly denied suppression of the statements made to the police officers.
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
PRUDENTI, P.J., SMITH, FRIEDMANN and ADAMS, JJ., concur.