Opinion
May 17, 1999
Appeal from the Supreme Court, Richmond County (Rooney, J.).
Ordered that the judgment is affirmed.
The issue of whether a suspect is in police custody is generally a question of fact ( see, People v. Centano, 76 N.Y.2d 837), and the standard to be applied is whether a reasonable person, innocent of any crime, would have believed that he or she was in police custody ( see, People v. Yukl, 25 N.Y.2d 585, cert denied 400 U.S. 851). Weighing the relevant factors present in the instant case ( see, People v. Carrier, 248 A.D.2d 628; People v. Mosley, 196 A.D.2d 893; People v. Bailey, 140 A.D.2d 356), the hearing court properly determined that the defendant was not in custody at the time he made his statement.
The defendant's remaining contentions are without merit.
Bracken, J. P., Santucci, McGinity and Feuerstein, JJ., concur.