People v. King

Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that County Court erred in denying his motion to suppress on the ground that he was questioned by the police before he received his Miranda warnings. The record establishes that defendant was not under arrest at the time of the questioning and that the police advised defendant that he was free to leave. Defendant’s freedom of movement was not restricted, the atmosphere was not coercive and the length of the questioning was less than half an hour. Under those circumstances, defendant was not in custody and Miranda…