People v. Fears

Defendant’s partially exculpatory statements, made to the police before he was read his Miranda rights, were admissible in evidence and were properly not suppressed. The statements were made spontaneously and were not the product of police coercion or suggestion (see, People v Rogers, 48 NY2d 167, 174; People v Maerling, 46 NY2d 289, 302-303). Defendant’s subsequent statements were made only after he was read his Miranda rights, including his right to have an attorney present at questioning, free of charge. He then acknowledged that he understood his rights, voluntarily waived them, and…