Opinion
February 5, 1996
Appeal from the County Court, Dutchess County (Berry, J.).
Ordered that the judgment is affirmed.
The record supports the hearing court's determination that the defendant was not in custody at the time he made the statements in question (see, People v. Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851; People v. Tankleff, 199 A.D.2d 550, affd 84 N.Y.2d 992; People v. Nolcox, 190 A.D.2d 824). Moreover, the defendant did not unequivocally request the assistance of counsel during his interview with the police (see, People v. Hicks, 69 N.Y.2d 969; People v. Hart, 191 A.D.2d 991). Mangano, P.J., Copertino, Joy and Altman, JJ., concur.