After being advised of these rights, defendant broke down and admitted to killing the victim. Because the record supports the court's determination that defendant's statements to detectives at the police station prior to the administration of Miranda warnings were not the product of a custodial interrogation, it will not be disturbed (see People v Pascuzzi, 173 A.D.3d 1367, 1374 [2019], lv denied 34 N.Y.3d 953 [2019]; People v Van Amburg, 243 A.D.2d 845, 846 [1997], lv denied 91 N.Y.2d 898 [1998]; People v Smith, 214 A.D.2d 845, 847 [1995], lv denied 86 N.Y.2d 741 [1995]). To the extent that defendant argues that the detectives took advantage of his mental illness, the record reveals that defendant did not appear psychologically or mentally impaired or under the influence of drugs.

After being advised of these rights, defendant broke down and admitted to killing the victim. Because the record supports the court's determination that defendant's statements to detectives at the police station prior to the administration of Miranda warnings were not the product of a custodial interrogation, it will not be disturbed (seePeople v. Pascuzzi, 173 A.D.3d 1367, 1374, 102 N.Y.S.3d 778 [2019], lv denied 34 N.Y.3d 953, 110 N.Y.S.3d 624, 134 N.E.3d 623 [2019] ; People v. Van Amburg, 243 A.D.2d 845, 846, 663 N.Y.S.2d 673 [1997], lv denied 91 N.Y.2d 898, 669 N.Y.S.2d 13, 691 N.E.2d 1039 [1998] ; People v. Smith, 214 A.D.2d 845, 847, 625 N.Y.S.2d 684 [1995], lv denied 86 N.Y.2d 741, 631 N.Y.S.2d 622, 655 N.E.2d 719 [1995] ). To the extent that defendant argues that the detectives took advantage of his mental illness, the record reveals that defendant did not appear psychologically or mentally impaired or under the influence of drugs.

Thereafter, he signed a detailed, written statement in which he confessed to stabbing decedent, leaving her on the bike path bleeding and moving to North Carolina 11 weeks later. Given these facts, defendant's suppression motion was properly denied ( see, People v. Hayden, 250 A.D.2d 937, 938-939, lv denied 92 N.Y.2d 880; People v. Van Amburg, 243 A.D.2d 845, 846, lv denied 91 N.Y.2d 898; People v. Pristell, 204 A.D.2d 801, 801-802, lv denied 83 N.Y.2d 970). The fact that he was a suspect in decedent's homicide when questioned does not, in and of itself, establish that he was in custody ( see, Peoplev. Basso, 140 A.D.2d 448, 449-450; People v. Sampson, 134 A.D.2d 706, 708, affd 73 N.Y.2d 908; People v. Goodrich, 126 A.D.2d 835, 836, lv denied 69 N.Y.2d 880), nor does the fact that four hours elapsed between his arrival at the station and his oral admission ( see, People v. Hayden, supra, at 938; People v. Hofmann, 238 A.D.2d 716, 719, lv denied 90 N.Y.2d 940). We also disagree with defendant's claimed violation of CPL 710.70 (3), which permits a defendant to relitigate the issue of the voluntariness of a statement before the jury.

After being advised of these rights, defendant broke down and admitted to killing the victim. Because the record supports the court's determination that defendant's statements to detectives at the police station prior to the administration of Miranda warnings were not the product of a custodial interrogation, it will not be disturbed (see People v Pascuzzi, 173 A.D.3d 1367, 1374 [2019], lv denied 34 N.Y.3d 953 [2019]; People v Van Amburg, 243 A.D.2d 845, 846 [1997], lv denied 91 N.Y.2d 898 [1998]; People v Smith, 214 A.D.2d 845, 847 [1995], lv denied 86 N.Y.2d 741 [1995]). To the extent that defendant argues that the detectives took advantage of his mental illness, the record reveals that defendant did not appear psychologically or mentally impaired or under the influence of drugs.