People v. Wacht

—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that his statement should have been suppressed. The record supports the suppression court’s determination that defendant was not in custody during the polygraph examination or during the postexamination interview (see, People v Maori, 244 AD2d 970, lv denied 91 NY2d 876; People v Hofmann, 238 AD2d 716, 719, lv denied 90 NY2d 940; cf., People v Flint, 151 AD2d 964, 965, lv denied 74 NY2d 739). Defendant did not make an unequivocal request for an attorney when he questioned whether an attorney could be appointed…