Opinion
December 31, 1998
Appeal from Judgment of Supreme Court, Monroe County, Galloway, J. — Forgery, 2nd Degree.
Judgment unanimously affirmed. Memorandum: Because defendant was not in custody when she made statements to the police, Supreme Court properly denied her suppression motion ( see, People v. Bailey, 140 A.D.2d 356, 358). "[A] reasonable [person], innocent of any crime," would not have considered herself to be in custody had she been in defendant's position ( People v. Yukl, 25 N.Y.2d 585, 589, rearg denied 26 N.Y.2d 845, 883, cert denied 400 U.S. 851).
Present — Pine, J. P., Wisner, Pigott, Jr., Callahan and Fallon, JJ.