People v. McDow

—Judgment, Supreme Court, New York County (Frederic Berman, J., at Mapp!Huntley hearing; Nicholas Figueroa, J., at plea and sentence), rendered September 4, 1996, convicting defendant of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

Defendant’s motion to suppress his statements, and a gun discovered as the result of those statements, was properly denied. The record supports the hearing court’s finding that defendant was not in custody (see, People v Yukl, 25 NY2d 585, 589, cert denied 400…