People v. Hightower

Judgment, Supreme Court, New York County (Daniel P. Conviser, J.), rendered July 10, 2012, convicting defendant, after a jury trial, of assault in the third degree, and sentencing him to a term of six months, unanimously affirmed.

The court properly denied defendant’s motion to suppress a statement he made to the police before the administration of Miranda warnings. The record amply supports the court’s finding that defendant was not in custody at the time of the statement (see People v Yukl, 25 NY2d 585, 589 [1969], cert denied 400 US 851 [1970]). Defendant voluntarily accompanied the police…