181 A.D.2d 636 | N.Y. App. Div. | 1992
— Judgment, Supreme Court, New York County (Jerome W. Marks, J., at hearing; Alvin Schlesinger, J., at trial), rendered May 7, 1990, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of imprisonment of 15 years to life, unanimously affirmed.
Defendant’s sole contention on appeal is that the statement he first made at the precinct, concerning his involvement in a robbery in the deceased’s apartment, should have been suppressed because when Detective Hall asked him about certain inconsistencies in his previous responses, the noncustodial questioning became custodial, requiring Miranda warnings. We disagree, and find that the hearing court’s conclusion that defendant was not in custody when he made the first statement is amply supported by the record. The test to be applied to determine whether defendant was in custody is whether a reasonable person in defendant’s position, innocent of any crime, would have believed he was in custody (People v Yukl, 25 NY2d 585, 589, mot to amend remittitur denied 26 NY2d 845, cert denied 400 US 851). Defendant, who was 16 years old, willingly accompanied the detectives to the precinct (People v Winchell, 64 NY2d 826). He was accompanied by an adult friend who remained outside the room where the questioning was conducted, and the door remained open at all times. Defendant was never physically restrained in any way