People v. Stebbins

Order unanimously reversed on the law and motion denied. Memorandum: The court erred in suppressing the statement made by defendant to Investigator Stephen DiGennaro at the Rochester Public Safety Building on March 10, 1987. Defendant was not in custody; thus, Miranda warnings were not required. The record establishes that defendant voluntarily accompanied Investigator DiGen*947naro to the police station where he was interviewed. Defendant was the owner of a multiple-family dwelling that had sustained extensive fire damage at approximately 1:30 a.m. earlier that day. The interview at this time…