People v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The hearing court properly denied defendant’s suppression motion in all respects. During a lawful traffic stop, an officer asked defendant if there was anything in the car the officer should know about, and, after an initial denial, defendant admitted he possessed marijuana. This statement was not subject to suppression for lack of Miranda warnings, because defendant was not in custody for Miranda purposes (see Berkemer v Mc*456Carty, 468 US 420, 436-440 [1984]; People v Bennett, 70 NY2d 891 [1987]; People v Feili, 27 AD3d 318 [2006], lv denied 6 NY3d 894 [2006]). The stop was not unduly…
2Cases cited9 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- People v. DanielsonNew York Court of Appeals · 2007
- Berkemer v. McCartySupreme Court of the United States · 1984
- People v. BeneventoNew York Court of Appeals · 1998
- People v. LoveNew York Court of Appeals · 1982
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- People v. FoyAppellate Division of the Supreme Court of the State of New York · 2020
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