People v. Duncan

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered September 23, 2003, convicting defendant, after a jury trial, of robbery in the third degree, and sentencing him, as a persistent felony offender, to a term of 15 years to life, unanimously affirmed.

The court should have granted defendant’s suppression motion. Defendant was in custody when he was asked why he had changed his shirt, in that a reasonable, innocent person in defendant’s situation would not have felt free to leave (see Matter of Ricardo S., 297 AD2d 255 [2002]). Furthermore, the question about the shirt…