Opinion
November 15, 1995
Appeal from the Wayne County Court, Parenti, J.
Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The motion to suppress defendant's statement to the police was properly denied. The record supports County Court's determinations that defendant was not in custody prior to receiving Miranda warnings (see, People v Flecha, 195 A.D.2d 1052; People v Forbes, 182 A.D.2d 829, lv denied 80 N.Y.2d 895) and that the ruse employed by the police during the questioning of defendant did not render his statement involuntary (see, People v Robinson, 201 A.D.2d 931, lv denied 83 N.Y.2d 875).