Opinion
Argued September 17, 1997
Decided October 16, 1997
APPEAL, by permission of an Associate Judge of the Court of Appeals, from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered December 10, 1996, which affirmed a judgment of the Supreme Court (John S. Moore, J.), rendered in Bronx County upon a verdict convicting defendant of manslaughter in the first degree, and also convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the third degree.
In a homicide prosecution, Supreme Court found that defendant was approached on the street by a police officer who justifiably took him into custody; that defendant agreed to accompany the officer to the police station; that defendant was under arrest when he was taken to the station house since he was not free to leave; that an officer told defendant that there was an investigation into a homicide and said "if you know anything about it, I want you to think about it, and when I come back, you know, you let me know"; that when the officer returned a short time later, defendant said that he had something to say, whereupon the officer read defendant his Miranda rights; and that defendant then made several statements which resulted in the discovery of a rifle and additional questioning. Supreme Court concluded that defendant's oral and subsequent written statements were given voluntarily and with knowledge of his constitutional rights and that, thus, defendant's motion to suppress those statements should be denied.
The Appellate Division concluded, inter alia, that the conversation between defendant and the police officer prior to the administration of the Miranda warnings did not constitute interrogation.
In the Court of Appeals, defendant contended that the courts below erred in denying his suppression motion and in refusing to waive the criminal surcharge.
People v Davis, 234 A.D.2d 88, affirmed.
Peter T. Blum, New York City, Jonathan Hager and Daniel L. Greenberg for appellant.
Robert T. Johnson, District Attorney of Bronx County, Bronx ( Peter D. Coddington of counsel), for respondent.
Order affirmed. The issues raised by defendant on appeal are not preserved for this Court's review.
Concur: Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.