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People v. Carrier

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 628 (N.Y. App. Div. 1998)

Opinion

March 23, 1998

Appeal from the Supreme Court, Queens County (Cooperman, J.).


Ordered that the judgment is affirmed.

The issue of whether a suspect is in custody is generally a question of fact (People v. Centano, 76 N.Y.2d 837), and the standard to be applied is whether a reasonable person, innocent of any crime, would have believed that he or she was in police custody (People v. Yukl, 25 N.Y.2d 585, cert. denied 400 U.S. 851). Weighing the relevant factors in the instant case (see, People v. Mosley, 196 A.D.2d 893; People v. Bailey, 140 A.D.2d 356), the hearing court properly determined that the defendant was neither placed in custody in his room nor forcibly transported to the precinct for questioning.

The defendant's remaining contentions are unpreserved for appellate review, without merit, or do not warrant reversal.

Copertino, J. P., Altman, Florio and Luciano, JJ., concur.


Summaries of

People v. Carrier

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 1998
248 A.D.2d 628 (N.Y. App. Div. 1998)
Case details for

People v. Carrier

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY CARRIER…

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

Date published: Mar 23, 1998

Citations

248 A.D.2d 628 (N.Y. App. Div. 1998)
669 N.Y.S.2d 936

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