Opinion
No. 78 SSM 49.
Decided February 24, 2009.
APPEAL, by permission of a Justice of the Appellate Division of the Supreme Court in the Third Judicial Department, from an order of that Court, entered July 3, 2008. The Appellate Division affirmed a judgment of the Washington County Court (Stanley L. Pritzker, J.), which had convicted defendant, upon his plea of guilty, of placing a false bomb or hazardous substance in the second degree.
Defendant inmate argued on appeal to the Court of Appeals that his interrogation by a law enforcement officer in a correctional facility visiting room was custodial so as to require Miranda warnings; that the circumstances under which a defendant inmate is summoned for interrogation play a role in determining whether that defendant is entitled to Miranda warnings; and that the prosecution bears the burden on the issue of custody.
People v Passino, 53 AD3d 204, affirmed.
Jones Ferradino, Saratoga Springs ( M. Elizabeth Coreno of counsel), and Alfred O'Connor, Albany, for appellant.
Kevin C. Kortright, District Attorney, Fort Edward ( Michael R. Stern of counsel), for respondent.
Before: Chief Judge LIPPMAN and Judges CIPARICK, GKAFFEO, READ, SMITH, PIGOTT and JONES.
OPINION OF THE COURT
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed. The issues raised on appeal were not preserved for this Court's review. Defendant did not raise any issue under Miranda v Arizona ( 384 US 436) at County Court, and that court's ruling on the Miranda issue did not address any of the arguments defendant now makes.