People v. Davis

—Judgment unanimously affirmed. Memorandum: Defendant contends that his oral statements, made while he was in custody and before he received Miranda warnings, were in response to police interrogation and were not spontaneous. “The question * * * is whether the police conduct should reasonably have been anticipated to evoke a statement from the defendant * * * and whether it can be said under the circumstances that the inculpatory statement was ‘made without apparent external cause’ ” (People v Rivers, 56 NY2d 476, 480, rearg denied 57 NY2d 775; see, Rhode Island v Innis, 446 US 291, 301;…