People v. Small

1 Citing case

  1. People v. Johnson

    2024 N.Y. Slip Op. 50933 (N.Y. Just. Ct. 2024)

    It has been held that a custodial situation is not created by the fact that a defendant is questioned in a police vehicle." People v Small, 59 Misc.3d 1219 (A), 2018 NY Slip Op 50630(U), *3 (Mt. Vernon City Ct 2018) (internal quotation marks and citations omitted). In this case, while the deputies may have had reasonable suspicion that defendant had committed a crime, he was not in custody until he was handcuffed, placed in the back of the patrol car and read his Miranda rights.