Opinion
March 27, 2002.
Appeal from a judgment of Monroe County Court (Egan, J.), entered October 6, 1999, convicting defendant after a jury trial of assault in the third degree.
Before: Green, J.P., Hayes, Hurlbutt, Kehoe and Burns, JJ.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
County Court properly denied defendant's motion to suppress oral statements made by defendant outside his residence to police officers who were investigating an injury to his 13-month-old son. Upon our review of the totality of the circumstances under which the statements were made, we conclude that they were voluntary (see, People v. Anderson, 42 N.Y.2d 35, 38; People v. Whorley, 286 A.D.2d 858; People v. Pearce, 283 A.D.2d 1007, lv denied 96 N.Y.2d 923). We further conclude that defendant was not in custody when questioned by police and thus Miranda warnings were not required (see, People v. Stone, 283 A.D.2d 980, 981, lv denied 96 N.Y.2d 925; People v. Hurley, 154 A.D.2d 617, 618).